Sahil Abdulsattar Mansuri & Ors. vs Safimahamad Fafirbhai Mansuri & Ors.

Held: High Court ought to have taken note of the inordinate delay of nearly two decades in filing of the chargesheet and intervened in the matter – However, matter of serious concern is that despite the lapse of such an inordinate period of time the investigation is yet to reach any meaningful conclusion – It is incumbent upon constitutional courts to not remain mute spectators, when such prolonged investigations are brought to its notice – Thus, in such peculiar circumstances, the High Court ought to have exercised its extraordinary jurisdiction to intervene – State submitted that detailed report, along with original case papers, during transit to the Magistrate, were misplaced and was never received by the Magistrate, and thereafter, re-investigation was ordered by the High Court – During re-investigation, original case papers remained untraceable – Disciplinary proceedings were initiated against the officer concerned and appropriate action was taken – Stand of the State is that in the absence of the original case records and inability to conclusively trace all relevant witnesses, the investigation could not be carried out to its logical conclusion – Upon consideration of the stand of the State, it is found that from the order of the High Court ordering re-investigation, nearly a decade has passed – Even in the case that during the investigation the police were not able to trace the relevant witnesses, ordinarily an appropriate report seeking closure should have been filed before the Magistrate – No reason, as to why the complaint and investigation have remained pending till date – Moreover, incidents wherein case records are lost during an active investigation, have to be taken with utmost seriousness – Such incidents strike at the very core of the criminal justice system, rendering bonafide complaints inactionable – Thus, in the interest of justice, the State of Gujarat and Police Station to conclude investigation within the stipulated period and file an appropriate report with the Magistrate containing all investigative material and if so, the lack thereof. [Paras10-18]