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Supreme Court of India 2025-09-11 allowed

Mohammad Afzal Mohammad Sharif vs State of Maharashtra and Ors

Bench: 2 — Sanjay Kumar, Satish Chandra Sharma

In Brief

A 17-year-old eyewitness to a murder during Akola communal riots in May 2023 was himself assaulted by the accused and hospitalized with head injuries. Despite police knowledge of a medico-legal case involving the victim and his written complaint to the Superintendent of Police, no FIR was registered for his assault. The Bombay High Court dismissed his writ petition questioning his bonafides. The Supreme Court allowed the appeal, holding that once a cognizable offence comes to police notice—here, through hospital admission—FIR registration is mandatory. The Court condemned police bias and dereliction of duty, and directed constitution of a Special Investigation Team (SIT) with officers from Hindu and Muslim communities, departmental action against erring officials, and sensitisation programmes.

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Criminal Procedure Police Powers and Duties First Information Report (FIR) Communal Riots Witness Protection Dereliction of Duty Judicial Supervision

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