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Supreme Court of India · 11/09/2025

MOHAMMAD AFZAL MOHAMMAD SHARIF versus THE STATE OF MAHARASHTRA AND OTHERS

[2025] 10 S.C.R. 78 · 2025 INSC 1100

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Summary

The appellant, a 17-year-old injured during the 2023 Akola communal riots who claimed to be an eyewitness to a murder, complained that the police never registered an FIR on the assault on him. Holding that the police, once informed of the medico-legal case, were bound under Section 154 CrPC to register the cognizable offence, and that the Superintendent of Police failed to act on his written complaint under Section 154(3), the Court set aside the High Court's dismissal and directed a special investigation team and disciplinary action.

Issues

  1. Whether the police were under a duty to register an FIR on the assault upon the appellant once they had received information of the medico-legal case, irrespective of any complaint by him or his relatives.
  2. Whether the Superintendent of Police discharged his obligation under Section 154(3) CrPC on receiving the appellant's written complaint.
  3. Whether the High Court was right in declining relief under Article 226 on the ground of delay, the filing of a chargesheet in the murder case, and an alleged ulterior motive of the appellant.

Provisions considered

Held

Result

Appeal allowed. The Secretary, Home Ministry, Government of Maharashtra directed to constitute a special investigation team of senior officers drawn from both Hindu and Muslim communities to register an FIR on the assault and investigate all the appellant's allegations, to initiate disciplinary action against erring officials and to sensitise the police force; the SIT report to be placed before the Court within three months.

Judgment PDF: Supreme Court of India, [2025] 10 S.C.R. 78.