A Mother’s Plea Awakens Justice After Three Years of Police Inaction — Bombay High Court Slams ‘Shocking’ Delay in Hit-and-Run Probe, Orders Inquiry Against Investigating Officer

“The conduct of the earlier Investigating Officer is nothing short of shocking and deserves condemnation” — Court directs departmental inquiry for dereliction of duty in fatal road accident case. Bombay High Court delivered a scathing judgment ,where it came down heavily on the grossly callous and indifferent approach of the police in investigating a fatal hit-and-run accident that took the life of the petitioner’s only son in 2022. Despite the registration of the FIR under Sections 304-A and 279 IPC, it took three long years — and the persistent intervention of the Court — before the accused was finally traced and charge-sheeted.

In a strongly worded decision, the Division Bench of Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad not only condemned the delay but directed a departmental inquiry against PSI Mr. Dnyadev Pawar, the original Investigating Officer, for negligence, dereliction of duty, and failure to conduct even basic steps like seizing the victim’s vehicle.

“Justice Delayed Is Justice Denied — But It Cannot Be Denied Forever” — Court Intervenes Where Investigation Fails

The tragic incident occurred on 17th August 2022, when the petitioner’s son, riding a scooter (MH-05-EF-4731), was fatally struck from behind by a speeding truck near Raunak Masjid, Malad, Mumbai. The impact dislodged his helmet, and he was crushed under the truck. Despite lodging an FIR at Bangur Nagar Police Station the same day, the police failed to trace the vehicle, its driver, or owner for nearly three years, eventually filing an “A Summary” report—marking the case as undetected.

“A young man passed away in a road accident... He was the only son of the parents with two sibling sisters. He was in employment and was unmarried.” — the Court painfully noted.

The petitioner approached the High Court in June 2024, seeking a writ of mandamus for urgent action, including the filing of a charge-sheet and proper investigation. The matter was heard on nine occasions, and it was only after the Court’s sustained pressure that any meaningful progress was made.

“It Appears That Only After This Court Cautioned the Police Did the Investigation Gain Momentum” — Judicial Reproach for Deliberate Apathy

The High Court recorded deep dissatisfaction over the superficial investigation carried out between August 2022 and August 2024 under PSI Mr. Dnyadev Pawar: “He failed to seize the muddemaal scooter... a basic step expected in such cases, and did not even bring the vehicle to the police station. This reflects a clear lack of seriousness and dereliction of duty.”

It further slammed the lack of initiative in exploring e-challan data and vehicle tracking, which, when finally done, led to tracing the accused driver and vehicle in 2025. The Court asked: “If these steps were indeed effective, we fail to understand why they were not taken by the earlier investigating officers... No explanation was forthcoming from the learned APP on this.”

The Court declared: “Their conduct has been nothing short of shocking and deserves condemnation.”

“Director General of Police Must Act” — Court Orders Disciplinary Action Against the Investigating Officer

In an unprecedented move, the Court directed: “We are, therefore, constrained to direct the Director General of Police to initiate a departmental inquiry against PSI Mr. Pawar for dereliction of duty and faulty investigation... appropriate action shall be taken in accordance with established rules and procedure.”

It also recorded that PSI Sharad Waghmare, who handled the case briefly, and the current IO Mr. Ashfaque Shaikh, who ultimately cracked the case, do not warrant any adverse remarks.

“State Must Ensure That Trial Is Swift and Unhindered” — Court Issues Directions for Expeditious Trial and Compensation

With the Charge-sheet finally filed on 7th August 2025, the Court disposed of the petition but issued strict directives to ensure that justice does not further elude the petitioner: “The Trial Court shall expedite the proceedings and conclude the trial preferably within one year from today.”

Further, in an anticipatory measure for victim compensation, the Bench held: “After the Trial Court delivers its judgment, the Petitioner shall be entitled to approach the Motor Accident Claims Tribunal... the time spent before this Court and the Trial Court shall be excluded for the purpose of limitation.”

The Court made it clear that no adjournments shall be granted by the Trial Court or MACT, except in the most compelling circumstances.

This judgment serves as a landmark reminder of judicial intervention when law enforcement fails. The Bombay High Court, driven by the voice of a grieving mother, reminded the police that inaction has consequences — both legal and moral.

“The police authorities have fallen short of the standards expected by citizens,” the Court stated emphatically.

By holding the errant officer accountable and ensuring fast-tracked trial and compensation, the Court has reignited hope that justice, though delayed, need not be denied.

Date of Decision: 3rd September 2025