Bombay High Court: In a Criminal Writ Petition wherein, the petitioners being practicing Advocates made serious allegations against the Police Officers of Mumbai's Antop Hill Police Station, the Division Bench of Gauri Godse and Revati Mohite Dere, JJ. directed the officers in Charge at Matunga Police Station to conduct an impartial police investigation in the instant matter.
The petitioners had alleged that police from the Antop Hill Police Station had committed atrocities against them. The petitioners filed a written complaint on 20-05-2023 against the said officers and alleged that no First Information Report (‘FIR') was registered against them. The Petitioners sought issuance of a writ of Mandamus directing registration of a C.R. under Sections 307, 355, 324, 323, 325, 326, 211, 336, 337, 338, 339, 340, 341, 342, 346, 352, 354, 357, 506(II), 509, 166, 166a, 201 r/w 120-B, 34 of the Penal Code, 1860 (‘IPC'), Section 25 of Maharashtra Police Act and Section 482 of Criminal Procedure Code, 1973 (‘CrPC'). They also sought directions for suspension of said Police Officers and their subordinates involved in their brutal assault and illegal detention and investigation of the instance complained of.
The Court regarded the serious allegations made by the petitioners and directed the APP to seek instructions regarding the instant allegations and whether the complaint could be investigated by any other Police Station.
In return, the DCP stated that the said complaint would be transferred to Matunga Police Station and investigated accordingly. The Court also required an impartial investigation by the ACP in charge at Matunga division.
The next hearing of the matter is scheduled on 03-07-2023.
[Sadhana O. Yadav v. Nasir Kulkarni, 2023 SCC OnLine Bom 1233, Order dated 22-06-2023]
Advocates who appeared in this case :
For Petitioners: Advocate Dr. Uday P. Warunjikar, Advocate Vinay Rathi, Advocate Kaushalya Prajapati, Advocate Anand Kate, Advocate Anshuman Asare, Advocate Ankur Pahade
For Respondents: Additional Public Prosecutor P.P. Shinde
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