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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Bombay High Court Orders Fair Police Inquiry into Attack on Advocates Case

Bombay High Court Orders Fair Police Inquiry into Attack on Advocates Case

Briefs Facts 

In the Matter of Sadhana O. Yadav v. Nasir Kulkarni a Criminal Writ Petition in which the petitioners, who were active solicitors, levelled severe charges against the Mumbai Antop Hill Police Station officers. The petitioners had claimed that Antop Hill Police Station officers had brutally treated them. On May 20, 2023, the petitioners complained in writing to the relevant officials, claiming that no First Information Report had been made against them. The Petitioners sought the 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 read with120-B, 34 of the Penal Code, 1860, Section 25 of Maharashtra Police Act and Section 482 of Criminal Procedure Code, 1973. Along with asking for suspension orders, they also requested an inquiry into the alleged severe attack and illegal detention by the aforementioned police officers and their subordinates.

Analysis of Court Decision 

The authorities in charge at the Matunga Police Station were instructed by the division bench of Justices Gauri Godse and Revati Mohite Dere of the Bombay High Court to undertake a fair police probe into the current situation

The Court took the severe accusations levelled by the petitioners into consideration and ordered the APP to get guidance on the current accusations and if the complaint may be looked into by another Police Station. In response, the DCP replied that Matunga Police Station will receive the report and conduct an appropriate investigation. The ACP in charge at the Matunga division was also mandated by the Court to conduct an unbiased inquiry. The issue will be heard again on March 7, 2023.