Thane run-over case: Court blasts cop for focusing on damages claim than probe

The Bombay High Court said that it was "startled" to know that the investigating officer in the case against a Maharashtra bureaucrat's son, Ashwajit Gaikwad, was more interested in filing a claim for damages or compensation before the Motor Accident Claim Tribunal (MACT) than probing the case.

The bench of Justices Ajay Gadkari and Neela Gokhale was hearing a plea filed by social media influencer Priya Singh, who was allegedly run over by Gaikwad's vehicle in December last year in Thane. Singh, 26, has claimed that she was in a relationship with Gaikwad.

During the hearing, the bench was going through the case diary wherein it was stated that a report was to be sent to the motor tribunal and the accused's Aadhar Card, pass book and other documents were necessary.

"We are unable to accept such a recording in a case diary. According to us, the Investigating Officer, Assistant Police Inspector Vishal Rumane, is investigating a crime and has not been appointed to file a claim for damages or compensation before the MACT. Prima facie, we find that the Investigating Officer is not well conversant with the provisions of the Criminal Procedure Code," said the bench.

The bench further noted that despite repeated reminders from the victim, the police did not record her supplementary statements.

"It shakes our conscience after perusing the case diary and record of investigation as the victim in a crime has to plead repeatedly before the Investigating Officer for recording her statement," said the bench.

The bench noted that on April 22, the Additional Public Prosecutor had submitted before the court that the investigation was in progress and attempts were made to record further statements of the complainant.

However, in spite of the submissions made two months ago, the victim was not called for further recording of her statement.

The bench also noted that the case diary too was not maintained as it should have been under rules. There are rules for maintaining diaries that the bench led by Justice Gadkari has been directing to maintain.

The Joint Commissioner's affidavit has to be filed by June 27 and the bench will again hear the case on June 28.