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Badlapur Sexual Assault Case: Maharashtra Govt Challenges Sessions Court Judge’s Order, Unclear On Filing FIR Against Policemen

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Mumbai: The state government has challenged before the Bombay High Court the order of the Thane sessions judge by which it kept “in abeyance” the findings of magistrate inquiry report implicating policemen in the death of accsued in the Badlapur sexual assault case. The State, however, remained non-committal on whether it would register an FIR against the policemen concerned based on the report.

Public Prosecutor Hiteen Venegaonkar informed a bench of Justices Revati Mohite-Dere and Neela Gokhale that they have filed an application before the HC challenging the February 21 order of the Thane sessions court keeping in abeyance the magistrate’s report questioning the legitimacy of the alleged encounter.

On a specific question by the bench on whether an FIR would be lodged against the five policemen based on the findings of the magistrate report, the State maintained that the observations in the magistraterial report cannot be a basis for an FIR.

Senior counsel Amit Desai, appearing for the government, said the an independent investigation is being conducted by the State Criminal Investigation Department (CID), in addition to a probe by an inquiry committee headed by retired judge of Allahabad HC, DB Bhosale. Hence, said that the State will wait for the conclusion of the CID probe before taking any decision.

“State believes that the investigation is ongoing and based upon it’s outcome, it will decide whether FIR is needed to be filed; or no cognisable offence is made and a closure report has to be filed,” Desai underlined.

Desai submitted that it can’t be said that the magistrate’s report “constitutes as evidence to lodge an FIR”. “We are doing our bit and there is nothing to suggest that the investigating officers (of CID) are acting in a mala fide manner for the court to intervene,” he added.

The bench again pointedly asked whether the State proposes to lodge an FIR. “Once that the report has come, our question is whether it is incumbent on the state to register an FIR or not. Today, the question is whether the state proposes to lodge an FIR or not? Say yes or no,” the court asked.

Desai emphasised that the independent probe was on and at this stage it is not permissible for the court to order registering of an FIR based on the magistrate’s inquiry report. The court will continue hearing the matter on March 10.

Last week, the HC had appointed senior advocate Manjula Rao as amicus curiae (friend of the court) to assist with the plea after Shinde’s parents expressed that they did not wish to pursue the case. Rao has been asked to assist the court on several issues, including whether an FIR ought to be registered by the State based on the magistrate’s report. The issue arose after the State argued that the magistrate’s report was only recommendatory.

The father had initially filed a petition claiming that his son was killed in a fake encounter.

Meanwhile, the State’s application against Thane sessions court order would be taken up for hearing after two weeks by Justice RN Laddha. The government has contended that the sessions judge order was “wrong, illegal and against the facts and circumstances of the case”. It contended that the sessions court had failed to consider the fact that the HC was seized of the matter related to the alleged encounter of the accused.

The HC had last week censured the sessions judge for the order.

Shinde had been arrested by the Badlapur police for allegedly sexually assaulting minor girls at a local school. While in judicial custody at Taloja Prison, he was taken into police custody on September 23 via a transfer warrant in connection with a second FIR lodged by his wife. However, during transit, he sustained firearm injuries and later succumbed.

The magistrate’s report, prepared on January 17, raised suspicion on the claims made by the five cops that they had to shoot at the accused in self-defence after he allegedly snatched a gun from them while being escorted. The magistrate noted the policemen, including two inspector-level officers, were in a position to control the situation and the use of force by them was not justified.

Crime

SpiceJet passenger alleges assault by Air India Express pilot at Delhi airport

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New Delhi, Dec 20: A SpiceJet passenger has accused an Air India Express pilot of assaulting him following a dispute over allegedly cutting the boarding queue at Indira Gandhi International Airport’s Terminal 1 in an incident that has triggered widespread attention on social media.

The passenger, Ankit Dewan, took to X, sharing a photograph showing blood on his face.

He claimed that the incident unfolded in front of his seven-year-old daughter, who, he said, has been deeply traumatised after witnessing the attack.

Tagging the Delhi Police on social media, Dewan questioned why he could not register a complaint after returning from his trip.

“Why can’t I file a complaint after coming back? Must I sacrifice my money too, to seek justice? Will the CCTV footage disappear in the next two days till I make it back to Delhi?” he asked.

The Delhi Police, however, claimed that no formal complaint had been received in connection with the incident.

“The matter has come to the knowledge of the police through a social media post. Whenever a written complaint is received by the victim in this regard, appropriate legal action will be taken,” the police said.

Dewan also alleged that he was forced to write a letter stating that he would not pursue the matter further.

“… It was either write that letter, or miss my flight and throw the Rs 1.2 lakh holiday bookings down the drain,” he said.

Dewan stated that the incident occurred while he was travelling with his family.

According to Dewan, airport staff directed him, his wife, and their children, including a four-month-old infant in a stroller, to use a security check-in lane typically meant for staff members to ease their movement through the terminal.

However, he alleged that while they were in the queue, some staff members began moving ahead of him.

“The staff was cutting the queue ahead of me. On calling them out, Capt. Virender, who himself was doing the same thing, asked me if I was anpadh (uneducated), and couldn’t read the signs that said this entry was for staff,” he said, adding that the exchange soon turned into a heated verbal argument.

“Not able to exercise restraint, the AIX (Air India Express) pilot proceeded to physically assault me, leaving me bloody. The blood in the photograph on his shirt is also mine,” Dewan said in another post on X, where he identified the pilot involved.

Air India Express issued a statement condemning the incident and said it does not tolerate such conduct.

“The employee concerned has been removed from official duties with immediate effect, pending investigation. Appropriate disciplinary action will be initiated based on the findings of the inquiry,” the airline said.

The airline clarified that the individual was travelling as a passenger on another airline at the time of the incident and was not on official duty.

“Air India Express upholds the highest standards of conduct and professionalism, and remains committed to ensuring that its employees act responsibly at all times,” it added in the statement.

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Crime

NIA arrests two more absconders in Dinesh Pusu Gawade murder case in Maharashtra

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New Delhi, Dec 20: The National Investigation Agency (NIA) has arrested two more absconding accused in connection with the abduction and brutal murder of Dinesh Pusu Gawade in Maharashtra’s Gadchiroli district.

The wanted accused, both members of the banned CPI (Maoist) terrorist organisation, have been identified as Raghu alias Pratap alias Irpa alias Muddella alias Sailu, a resident of Nizamabad district in Telangana, and Shankar Mahaka, a native of Gadchiroli district in Maharashtra, respectively.

Gawade, a resident of Laheri village in Bhamragarh taluka of Gadchiroli, was abducted and murdered in November 2023 by CPI (Maoist) cadres on suspicion of being a police informer and having links with the RSS. He had gone to Pengunda village to participate in a sports competition, where he was kidnapped and murdered by the ultras.

According to the investigation, Gawade was killed with a sharp weapon. A note was left at the crime scene by the assailants, accusing the victim of being a police informer. The assailants’ motive behind the killing was spreading terror among local villagers and intimidating them against sharing any information about Maoist activities and movements with security forces.

The NIA had taken over the probe from the Gadchiroli Police in October 2024.

Earlier, the agency had chargesheeted four accused — Doba Wadde, Ravi Pallo, Sattu Mahaka, and Komati Mahaka — over their involvement in the ghastly crime. The charge sheet was filed in January this year – against four CPI (Maoist) members of the CPI (Maoist) for the abduction and murder of Gawade under various provisions of the IPC and the Unlawful Activities (Prevention) Act.

Investigation is currently underway and the probe agency has stepped up efforts to unearth the entire conspiracy behind the gruesome murder of Dinesh Pusu Gawade.

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Crime

Mumbai Crime: 180 Job Aspirants Cheated In Fake Overseas Employment Scam; 4 Arrested, Passports Recovered

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Mumbai: The Samta Nagar police have registered an FIR against eight persons, and arrested four of them, for allegedly cheating around 180 people by promising them jobs abroad. Two of the arrested persons are women. One of the arrested accused was found in possession of the victims’ passports. Following intervention by MP Piyush Goyal, timely action was taken, resulting in the recovery and return of all the passports to the victims. Most of the victims are from Uttar Pradesh, Bihar, Rajasthan, and Delhi.

The accused were running a fake company named ‘Star Man Power’ from Office No 230, Dimple Arcade, Thakur Complex, Kandivali East. The accused have been identified as Devraj Yadav, Ashish Kumar, Verma (first name unknown), Ajan, Ayesha Ansari, Pooja Yadav, Ranjna Kamat, and Kajal Gupta. According to the police, the accused posted advertisements on social media platforms, claiming vacancies for drivers, helpers, fitters, and packing workers in foreign countries.

The accused allegedly demanded Rs 30,000 to Rs 2.5 lakh, depending on the job profile. The accused also conducted fake medical tests, issued fake visas and flight tickets, and retained nearly 180 passports. Payments were collected both in cash and through online transfers into multiple bank accounts. The complainant, Mahesh Chauhan, 25, stated that he visited the office of the accused in November, where his passport was taken, and he was assured a job in Russia.

He was asked to pay Rs 75,000 and initially paid Rs35,000. On November 11, when he visited the office to collect his passport and flight ticket, the office was closed. After waiting for several hours, he noticed more than 100 people gathered outside the office. Soon, they realised that everyone had come to collect their passports and tickets. Some victims had even been given fake visas and flight tickets. When the victims attempted to contact the main accused, Devraj Yadav, they found his mobile phone switched off.

The phones of the other accused were also unreachable. The victims then approached the police and filed a complaint. Based on this, the police registered a case on December 3 under Sections 318(4) (cheating), 316(2) (criminal breach of trust), and 61(2) (criminal conspiracy) of the Bharatiya Nyaya Sanhita. The victims alleged that while the police registered the case promptly, action took time. Subsequently, they approached the BJP office in Kandivali West and also contacted the Ministry of Commerce and Industry.

Reacting to the incident, MP and Union minister Piyush Goyal stated, “Safeguarding the interests, dignity and future of India’s youth remains a key priority of the government led by Prime Minister Narendra Modi. Any individual or racket that exploits the dreams of young citizens will face strict and prompt action.” He added that in this case, swift police action, recovery of passports and relief to the affected victims is a matter of satisfaction.

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