Bombay High Court Accepts Apology Of Mumbai Police Crime Branch Officers Accused Of Barging Into Residence After Midnight

The Bombay High Court recently closed a litigation wherein officers of the Crime Branch of Mumbai Police were accused of barging into the house of a resident of plush Juhu area in the midnight.

A division bench of Justice Revati Mohite-Dere and Shyam Chandak had ordered the Crime Branch, Mumbai Police to respond to a plea filed by one Shyamsunder Agarwal, who alleged that around 12 policemen barged into his house on January 30 this year, at 12:00 AM to 03:00 AM.

The bench sought a justification over the "tearing hurry" shown by the police officers in investigating a cheating and fraud case registered against the petitioner, by barging into his house in midnight.

The Police, upon being confronted with the query, tendered an unconditional apology, on affidavit through Additional Public Prosecutor Prajakta Shinde.

The affidavit filed by the Crime Branch of Mumbai Police states that officers of the Navi Mumbai Crime Branch had visited the residence of the petitioner.

However, upon the officers tendering an apology, the petitioner accepted the same and the judges disposed of the matter.

"When the APP was confronted with the action of the police i.e. 10-12 police going to the petitioner's house to arrest the petitioner's children and the tearing hurry to go at midnight, the APP, on instructions, of the officer who went to the petitioner's house alongwith the team tenders an apology. The counsel for the petitioner accepts the said apology and as such, does not press this petition. The petition is, accordingly, disposed of as not pressed," the bench noted in its July 10 order.

As per the petition, the petitioner Agarwal along with one more person, was booked in a fraud and cheating case. The petitioner and his brother, the other accused in the case, both secured and anticipatory bail from the High Court.

However, the petition contended that despite there being an anticipatory bail order in their favour, the police barged into their residence to arrest their children.

The petitioners then filed a plea before the High Court through advocates Sandesh Patil and Pavan Patil, seeking investigation into the incident of the police barging into their residence during wee hours.

However, the petitioners did not press the prayer after the erring officers apologised for their act.

Case Title: Shyamsunder Agarwal vs Commissioner of Police (WPST/3279/2024)

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