ACP To Investigate 'Brutal' Assault On Two Advocates Inside Police Station: Police To Bombay High Court

After a nudge from the Bombay High Court, the Mumbai Police has transferred the complaint filed by two advocates alleging assault inside the police station from Antop Hill to Matunga Police Division.

A division bench comprising Justices Revati Mohite Dere and Gauri Godse accepted the DCP Statement that the Assistant Commissioner of Police from the Matunga division would investigate the complaint and submit a report by June 3.

“We expect the ACP, Matunga division to whom the complaint dated 20th May 2023 has been transferred to impartially investigate the same. The DCP (Zone-IV) to supervise the said case.”

Prashant Kadam, DCP, Zone-IV was present in court and submitted that Antop Hill Police Station has 7 CCTV cameras in the police station and that the footage from all the 7 CCTV cameras from 2:30 p.m of May 18 to 12:30 a.m of May 19 would be retrieved and saved on a pen drive.

The bench was hearing a petition filed by two advocates Sadhana Yadav and Harikesh Mishra against the Senior Police Inspector of Antop Hill Nasir Kulkarni and one more police official for allegedly severely beating them with a heavy belt attached with a wooden handle on May 18 when they went to file a complaint.

The advocates approached the HC after the police refused to take cognisance of their complaint dated May 20 regarding the atrocities allegedly meted out to them.

They sought an FIR 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 Indian Penal Code, 1860; and Section 25 of Maharashtra Police Act and Section 482 of Code of Criminal Procedure against the policemen. The petitioners also prayed for the officers’ immediate suspension considering the “brutal assault and illegal detention.”

The advocates also sought CCTV footage from the time of the alleged incident. On Thursday, the bench first asked the prosecutor if the matter could be transferred to another police station and orally directed the Deputy Commissioner of Police to remain present.

During the hearing, Advocate Uday Warunjikar for the petitioners said that a preliminary enquiry was already conducted by the police but they were not willing to handover the relevant papers or register an FIR. He further submitted that the petitioners had approached senior police officers, including the DCP present in court but in vain.

The DCP insisted it was only a departmental enquiry. He agreed to transfer the case to Matunga Police Division and also depute the ACP as the investigating officer of the case. He further submitted that the CCTV footage would be secured.

Accordingly the bench accepted his statement and posted the matter for further hearing on July 3.

Case Title: Sadhana O. Yadav Vs Nasir Kulkarni And Ors [Criminal Writ Petition (St) No. 11152 Of 2023]

Click Here To Read/Download Order