High Court Orders Transfer of Investigation in Nagpur Road Accident Case. Bombay High Court Nagpur Bench intervenes to ensure a fair and impartial investigation into the tragic accident that claimed two lives.


Summary of Judgement

The Bombay High Court, Nagpur Bench, has ordered the transfer of the investigation in a high-profile road accident case from the local police to the State Crime Investigation Department (CID). The accident, which occurred on the intervening night of February 24-25, 2024, involved a car driven by Ritika Malu, who was allegedly under the influence of alcohol. The incident led to the deaths of two young men. The petitioners accused the local police of bias and mishandling the investigation to shield the accused. After reviewing the case, the court found significant lapses in the initial investigation, including delays in collecting evidence and improper handling of key aspects of the case. The court's decision aims to ensure a fair and thorough investigation.

1. Case Background

  • Incident: The accident occurred on the night of February 24-25, 2024, when Ritika Malu, allegedly driving under the influence of alcohol, collided with a two-wheeler, killing two young men.
  • Petitioner's Allegations: The family of the victims accused the local police of delaying the investigation and tampering with evidence to protect the accused.

2. Court's Findings

  • Initial Investigation Lapses: The court noted that the police allowed the accused to leave the scene without immediate medical examination and delayed registering the First Information Report (FIR).
  • Improper Handling of Evidence: Key evidence, such as the offending vehicle, was released to the accused's family without proper inspection, raising concerns about the integrity of the investigation.

3. Legal Proceedings

  • Multiple Legal Battles: The case involved various legal actions, including the cancellation of bail and re-arrest efforts, reflecting the complex legal dynamics at play.
  • Public Outcry: The incident attracted significant public attention, with media reports highlighting the alleged lapses in the investigation.

4. Court's Order

  • Transfer to State CID: The court ordered the transfer of the investigation to the State CID to ensure impartiality.
  • Monitoring by Senior Officer: The court directed that the investigation be supervised by a senior CID officer, who will review the progress weekly.

5. Conclusion

  • Ensuring Justice: The court emphasized the importance of a fair and impartial investigation, particularly in cases involving public interest and serious allegations against the local police.

Case Title: Shahrukh Ziya Mohammad VERSUS The State of Maharashtra & Anr.

Citation: 2024 LawText (BOM) (8) 302

Case Number: CRIMINAL WRIT PETITION No. 441/2024.

Advocate(s): Mr.A.G. Hunge, Advocate for the Petitioner. Mr. D.V. Chavhan, Senior Advocate/G.P. with Shri N.H. Joshi, A.P.P. for Respondents.

Date of Decision: 2024-08-30