The Bombay High Court has directed the Commissioner of Police to respond to a plea from a rape accused under the POSCO Act, following serious extortion allegations against a lawyer and an investigating officer from the Mira-Bhayandar and Vasai-Virar Police Commissionerate.
Mumbai: In response to serious allegations of extortion involving a lawyer and an investigating officer from Maharashtra’s Mira-Bhayandar and Vasai-Virar Police Commissionerate, the Bombay High Court has taken decisive action. The court has instructed the Commissioner of Police to prepare and submit a comprehensive reply regarding a plea filed by a rape accused under the Protection of Children from Sexual Offences (POSCO) Act.
This directive underscores the court’s commitment to addressing allegations of misconduct within the police force and ensuring that the legal process is upheld fairly.
A bench of Justices AS Gadkari and Dr Neela Gokhale said,
“The Commissioner of Police shall also seek explanation from the concerned investigating officer and the said advocate,”
Read Also: “Minor Can Face Charges Under POCSO Act”: Kerala High Court
The bench stated that the Commissioner of Police must file the affidavit personally and cannot delegate this responsibility to any subordinate officer.
The Bench further added that,
“We expect the Commissioner of Police to read the petition thoroughly and thereafter proceed to file his reply to the petition,”
It was also said that,
“even if there was an iota of truth” levelled in the extortion allegations “then it is a serious matter of concern for the criminal justice system in our state”.
This observation came during the hearing of a plea filed by several accused involved in a 2021 case registered in Palghar, which included serious charges under various sections of the Indian Penal Code (IPC), such as Sections 363 (kidnapping), 376(3) (rape of a woman under 16 years of age), 506 (criminal intimidation), 212 (harboring an offender), and 34 (common intention), as well as certain provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The petitioners were seeking the cancellation of the FIR against them.
During a previous hearing on July 25, Police Officer Vinod Wagh reported that one of the accused had been absconding until that date. However, in the most recent hearing, the accused appeared in court and revealed that he had been granted interim anticipatory bail by another bench of the High Court earlier this year. This development raised questions about the ongoing investigation and the handling of the case.
During the proceedings, advocate Tushar Lavhate, representing the accused, made startling and serious allegations against the investigating officer, Niwas Garale. The court noted that Lavhate claimed Garale, with the assistance of advocate Kiran Binwade, extorted Rs 8.5 lakh from the petitioners to prevent them from facing harassment. It was further alleged that part of the extorted amount was directed to be deposited into the account of Binwade’s wife, raising concerns about potential collusion.
Additionally, Lavhate presented evidence, including WhatsApp chats and bank statements, to support his claims.
It was alleged that the investigating officer had even facilitated the disappearance of the victim to prevent her from testifying in court. Lavhate emphasized that the victim was over 18 years of age at the time of the alleged crime, yet documents had been fabricated to misrepresent her as a minor.
This assertion underscored the gravity of the allegations and the implications for the integrity of the investigation.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
