Sahil Abdulsattar Mansuri & Ors. v. Safimahamad Fafirbhai Mansuri & Ors.
Background
The appellants' father had filed a criminal complaint back in 2007 alleging that certain relatives forged his signature and a partition/sale deed to grab his self-acquired property while he was away on Haj pilgrimage. Despite repeated police reports, an FSL report confirming forgery, and multiple orders from the Magistrate and the Gujarat High Court directing further investigation, the investigation dragged on for nearly two decades without a chargesheet ever being filed: partly because case records were lost in transit. The High Court had dismissed a fresh plea by the complainant's successors seeking a direction to finally file the chargesheet, prompting this appeal to the Supreme Court.
Decision Breakdown
The Supreme Court held that constitutional courts cannot remain mute spectators when an investigation is allowed to drag on indefinitely without justification, and that the High Court ought to have exercised its extraordinary jurisdiction to intervene. The Court found no valid reason on record for the investigation and complaint remaining pending for nearly two decades, and treated the loss of original case papers during an active investigation as a matter of serious concern striking at the core of the criminal justice system. It directed the State of Gujarat and the concerned police station to conclude the investigation within six weeks and file a report before the Magistrate, along with an affidavit explaining the action taken against the officer responsible for losing the records and why the Magistrate was not informed sooner. The Court also laid down that where investigation continues for an unduly long period without adequate justification, either the accused or the complainant may approach the High Court under Section 528 BNSS/482 CrPC for an update or appropriate relief, delay being one relevant ground among others.
Lesson Learnt
Investigations cannot be allowed to continue indefinitely without justification, both complainants and accused persons have the right to approach the High Court seeking an update, or appropriate relief, when a police investigation is inordinately delayed.