'The Mumbai police should not decide on the outcome of the cases; they should leave it to the competent courts,' the Bombay high court said.
“The Mumbai police should not decide on the outcome of the cases; they should leave it to the competent courts,” the Bombay high court said while directing the Vikhroli Park site police station to register a First Information Report (FIR) and file a final report before the competent court, which will decide whether a case can be made out or not.
A division bench of Justice BH Marlapalle and Justice UD Salvi observed “The police is only required to investigate and submit the report, you don’t sit in our place and decide the cases on your own.”
The bench was hearing a petition filed by a Shardha Subbarrao, who stated that her brother Ananth Kumar Krishappa Naidu, who was found with multiple injuries near Kanjur Marg, on April 11, was murdered by his ex-wife.
The petition stated that the deceased had divorced his wife who allegedly had illicit relations. Thereafter she had demanded a share in their Kandivli residence. However, the dispute was not settled and the deceased was staying with Subbarao at Wadala.
It further said that her brother went missing on April 10 and she lodged a missing complaint with the police. The next day she was told that her brother was at Rajawadi hospital, but when she rushed there she was informed that Naidu had expired.
Subbarao pleaded before the court to amend her complaint and probe the role of her former sister-in-law in the death. The police had neglected her pleas. An affidavit filed by Laxman Bhure, senior police inspector, Vikhroli Park site police station states,
“The post-mortem report states that he suffered from multiples
injuries on the face and head caused by falling into a drain in an inebriated condition.”
Additional public prosecutor, Dr FR Sheikh also informed the court that “The decision to not probe was taken due to the accidental death report.” The bench said “It is not for you to decide that.” The bench then directed the police to file the final report at the earliest.
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