The High Court Nagpur calls upon the Callous and Insensitive approach of the Police Station in the investigation of Cognizable offence
The Nagpur High Court Coram consisting of Nitin W Sambre and Mrs Vrushali V Joshi JJ passed an order in a case related to Section 316 (2), Section 318 (4) and Section 3 (5) of the newly enacted Bhartiya Nyaya Sanhita.
In the case of Ajinkya Mahure vs State of Maharashtra the Court consisting of Justice Nitin Sambre and Justice Vrushali Joshi, the court has come to the relief of the petitioner by passing an order dated 3rd January calling upon the callous and insensitive approach of the Police Station as there were a lot of delays in even registering the cognizable offence under Section 318 (4) Dishonestly inducing a person to deliver a property, 316 (2) Criminal Breach of Trust, and Section 336 (2) Forgery of the newly enacted Bhartiya Nyaya Sanhita, The petitioner Ajinkya Mahure was a victim of financial fraud wherein he was cheated out of money amounting to more than 10 Lakhs by the respondent Sejal Sadhwani. The Court also noted that the Investigating Officers were aware of this financial fraud run by the respondent Sejal Sadhwani who falsely posed as a Chartered Accountant promising to grow investments of the Petitioner Ajinkya Mahure. The Court also noted that it failed to understand what prompted the police station to sit over the file for 4 months and neither carry out investigation nor register the offence. The court appraised the arguments put forward by the Counsel for Petitioner Advocate Ishwar S. Charlewar and argued that the complaint of the petitioner had been dealt with an insensitive manner particularly when the plain reading of the complaint disclosed a cognizable offence. The Judges also noted that they failed to understand why the Investigating Officer had to approach the DCP Zone - 4 seeking approval for registration of offence even when the complaint disclosed a cognisable offence. When such procedure was asked to the learned A.P.P A.B. Badar about the same, he was not in a position to explain the same. In this background, The Court has passed an order to direct the DCP Zone - 4 to file an affidavit duly sworn by the same explaining the default within a period of two weeks. Advocate for Petitioners : Adv. Ishwar Charlewar Advocate for Respondent: Adv. A. B. Badar
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