A division bench of Justice Naresh Patil and Justice Anuja Prabhudessai heard vociferous arguments by advocate Abha Singh pointing out that while the incident occurred on January 5, 2014, it took four days before the complaint was lodged. She said the Mumbai Police manual states that the moment a person comes to lodge a missing complaint, cognizance must be taken.
When the judges questioned the lapse, prosecutor Sandeep Shinde submitted that police had carried out "some exercise" to find if Esther alighted from the train. He said footage of close-in-circuit TV was scanned and the reservation chart checked. But Singh maintained that if responsibility for negligence is not fixed, "cases like Esther will happen again and again".
The judges then directed that the SI of Kurla Railway police station file his affidavit and adjourned the hearing to two weeks.
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