Interim Order 1

Order Details: Copy of Evidence
Pdf Text: C.C. No.506/PS/2019 Exh - 17
Deposition of Witness No.1 for Prosecution.
I on solemn affirmation depose as under :
My Name : Santosh Govind Berde
Age : 60 years Occupation : Retired.
R/o. : Sakinaka, Andheri(E), Mumbai.
Exam.-in-chief by APP Mr. K. S. Jamdhade for the State:-
1] On 30/08/2016 I was attached to the MIDC Police Station.
On 19/08/2016, Rugna Adhikar Bachav Samiti, Mumbai through Sidharth
Pare has given letter to the Police Station, informing therein that the
committee is going to take Protest Procession on 20/08/2016 from
Takshila Police Chouki to Holy Sprit Hospital in respect of Improper
Administration and carelessness of Holy Sprit Hospital. However, the
police has not granted to take such procession. The police has also put
police force near the Holy Sprit Hospital gate on in the morning of
20/08/2016 to maintain law and order. At that time I was personally
remained present.
2] At about 11.00 a.m. on 20/08/2016, Sidharth Pare came
there at the gate along with 10 to 15 persons. Name of some them are
Dayanand Ulmik, Mhaskar, Suraksha Ghosalkar, Mohd. Shaikh etc. They
were shouting and raising slogans against the administration of the
Hospital. However, we stopped them and informed that there are order
under section 37(3) of Maharashtra Police Act is already in force against
you all. However, Sidharth Pare asked me to bring the administrator or
Manager to give assurance for proper administration else they will not
leave the place. The Administrative Team of the Hospital came there and
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had discussion with the accused. Thereafter, the accused left the place
around 12.15 p.m. As the accused has committed breach of the order of
Jamavbandi, I lodged report on behalf of the State on 30/08/2016 as per
the direction of my Senior. The Report now shown to me is the same. The
contents are correct. It bears my signature. It is marked Exh.18. The
Printed FIR now shown to me is the same. The contents are correct. It
bears my signature. It is marked Exh.19. I can identify the accused even by
their faces. They are present before the court.
Cross-examination by Adv. Pradeep Salvi for accused :-
3] I joined the Police Department in the year 1987. I know the
administration run within the Police Department. True that the Hospital is
situated at the highly populated area. There is always traffic and rush
around the hospital. True that there is main road in front of the Hospital
and there are Auto, Taxi and Hawkers in front and around the gate. The
witness volunteers it was morning time, hence there was no rush. True that
there are also Medical Shops and Juice Centers.
4] On the day of incident, my duty hours from morning 9.00 a.m.
to 8.00 p.m. I have not given any document showing my duty hours and
my presence on the spot. True that I have not assign any reason in the FIR
as to why the Report was lodged on 30/08/2016 after the long delay. The
witness states that I.O. will states its reason. True that the Social Workers
and Political Workers come in contact with the Police in the discharge of
duties. I can not say that they usually come to us taking with them some
social cause. It is not correct to say that there was huge mob at the gate at
the time of incident. It is not correct to say that I can not specify the act of
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the persons of the mob. It is not correct to say that the accused were not
present on the spot. It is not correct to say that we have not displayed the
Jamavbandi Adesh on the spot or other places as per law. I can not say
where the said order was pasted. It is not correct to say that the accused
never present on the spot nor they raised the slogans against the Hospital
as stated. It is not correct to say that we have informed the accused about
the enforcement of Jamavbandi Adesh and not to assemble there. It is not
correct to say that no Protest Procession were led by the accused from the
area as stated by me. It is not correct to say that the accused has not led
any Procession and have not raised the slogans against the improper
administration and the carelessness of the Hospital. It is not correct to say
that I took the names of the accused today at the instances of my Senior. It
is not correct to say that I was not present on the spot on the day of
incident. It is not correct to say that I filed false report and also deposing
false against the accused.
Cross-examination is over.
No Re-examination.
R.O.A.C.
sd/-
(U. L. Pathak)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
Date : 02/09/2026
Before me,
sd/-
(U. L. Pathak)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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