Final Order 1

Order Details: Order below Ex-1
Pdf Text: Order below Exh.1 in 140/MISC/2018
1) The complainant has filed this complaint against the
accused No.1 Detection Officer Anil Gaikwad and other six unknown
Police Officers/Constables. It appears that after verification of
complainant, my Ld Predecessor had passed the order and call inquiry
report U/Sec.202 of CrPC. Andheri police station has submitted its
report U/Sec.202 of CrPC on 02.01.2020. The complainant has filed
his reply/protest petition. I perused inquiry report filed U/Sec.202 of
CrPC. It shows that Assistant Police Commissioner, Andheri Division,
Mumbai had inquired and sent report of accused and other Police
Officers/constables to their Senior Officer. It shows that after
conducting departmental inquiry, Deputy Commissioner of police,
Division 10, Mumbai has given punishment to accused No.1 Anil
Gaikwad, Police Naik Sachin Madhukar Pawar, Police Constable Sagar
Shivaji Songe, Police Constable Keshav Narsayya Gopireddy and
Police Constable Kailas Gangaram Lahare as per Rule 3 (1) of The
Bombay Police (Punishment and Appeals) Rules 1956. It also appears
from the inquiry report filed U/Sec.202 of CrPC that accused and
above mentioned Police Officers/Constables have not given intimation
to the relatives of complainant while taking into custody to the
complainant. As per Explanation given in Sec.197 of CrPC, no
sanction is required in a case of public servant accused of any offence
alleged to have been committed U/Sec.166A of IPC.
2. Therefore, considering above discussion, the contents of
complaint, verification of complainant, reply/protest petition of the
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complainant, report filed by Andheri police station U/Sec.202 of CrPC
and documents on record, it appears that there are sufficient grounds
to proceed against the accused No.1 and above mentioned Police
Officers/constables for the offences punishable U/Sec.342, 166(A)
r/w Sec.34 of IPC. Therefore, previous sanction for prosecution
U/Sec.197 of CrPC is not necessary. Hence, I pass following order.
ORDER
Process be issued against the accused No.1 Anil Gaikwad,
Police Naik Sachin Madhukar Pawar (Police batch No.970755), Police
Constable Sagar Shivaji Songe(police batch No.07.1301), Police
Constable Keshav Narsayya Gopireddy (police batch No.09.2367) and
Police Constable Kailas Gangaram Lahare (police batch No.03.516) all
are posted at Andheri police station as per Sec.204 of Cr.P.C. for the
offences punishable U/Sec.342, 166(A) r/w Sec.34 of IPC. Case be
registered as Summons Case.
(C.P. Kashid)
Metropolitan Magistrate
Dt. 12.03.2021 65th Court, Andheri, Mumbai.
ask
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