LAWS(BOM)-2008-2-244

SOHAIL ASGASR RIZWI Vs. STATE OF MAHARASHTRA

Decided On February 21, 2008
SOHAIL ASGASR RIZWI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) MAIN relief in this case is that the investigation should be made in C.R. No.329 of 2007. Although the report had been filed much earlier, the case has been registered only on 29th December, 2007. The reason given for delay in registration of case makes an interesting reading. The registration of cases should not be dependent on any events or any festival. Whenever the police gets a report of a cognizable offense they are bound to register it immediately and as a law and order machinery they must be responsible for the consequences as well. Therefore, we do not accept the contention raised in the counter affidavit that the offense was not registered in view of the 'Bakri Idd'. We are also not happy with the investigation so far done. The learned Additional Public Prosecutor submits that the investigation will be completed within a period of two weeks. Therefore, on this count we do not want to pass any further order.

(2.) THERE are some allegations leveled against one of the Police Officers which need to be examined by a Senior Police Officer. THEREfore, let the Commissioner of Police appoint an Officer, not below the rank of the Deputy Commissioner of Police, to look into the allegations leveled against respondent No.2 - Chandrakant Nath Gurav.