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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

Oppn stages protest in Assembly premises, seeks resignation of two ministers

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Mumbai, March 6: The opposition parties on Thursday staged a protest in the Maharashtra Assembly premises against two Ministers — Minister of State for Home Yogesh Kadam and Minister Jaykumar Gore — and also demanded their resignation from their respective posts.

The opposition has accused Minister Kadam of making an “insensitive” statement in the assault case of a 26-year-old woman inside a bus at the Pune bus depot and has alleged that Gore was involved in harassing a woman.

The opposition leaders, including Leader of Opposition in the state council Ambadas Danve, demanded the resignation of Kadam and Gore while accusing the state government of protecting the two.

Opposition took strong objection to Kadam’s statement that “in the incident that took place in the Shivshahi bus, there was no resistance from the victim. Since there was no resistance, no one suspected this.” Thereafter, Chief Minister Devendra Fadnavis said Kadam’s statement was taken differently but added that “my advice to him is that we have to be more sensitive when speaking in such cases. If something goes wrong while speaking, it has a negative impact on the public mind.” Kadam also subsequently clarified.

As far as the BJP Minister Gore is concerned, the opposition claimed that he should resign or the chief minister should sack him from the cabinet for harassing a woman. Gore, on his part, clarified that the court had already given a judgment in 2019 and acquitted him.

The court had ordered the destruction of the seized material and mobile phone. He further said, “It has been six years since this court verdict. This case has come to light after six years. Political leaders should restrain on what to say at what time.”

Gore has announced that he would file defamation case and move privilege motion against those who are making allegations in this case despite his acquittal by the court.

Meanwhile, Shiv Sena MP Sanjay Raut dared Gore to move a privilege motion. “Is he going to move the privilege motion against the woman who has filed a fresh complaint to the state Governor?” he asked.

He further said, “Even if the Minister says that he was jailed in this case, then how did Chief Minister Devendra Fadnavis take him in the cabinet? Even after doing so much, now, after becoming a Minister, you are again harassing that woman who will be sitting on a hunger strike in front of the Vidhan Bhavan from March 17.”

Raut demanded that the CM should immediately take Gore’s resignation. “I have spoken to the woman who has said that she will commit suicide if she is not freed from such harassment,” said Raut.

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Business

₹122-Crore New India Co-op Bank Scam: EOW Searches Ex-Chairman’s Home; Hitesh Mehta’s Lie Detector Test Set For March 11

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Mumbai: The Mumbai police’s economic offences wing (EOW) has searched the residence of New India Cooperative Bank’s former chairman Hiren Bhanu in connection with the embezzlement of Rs 122 crore at the lender, officials said on Wednesday.

EOW Recovers Several Documents

During the search, EOW recovered several documents, which police are examining, an official said.

The house search was conducted in the Malabar Hill area of south Mumbai, where Hiren Bhanu and his wife Gauri Bhanu stayed in a rented flat, an official said. Gauri previously held the position of vice chairman at the bank.

The couple also own a flat at Nepean Sea Road which they have rented out, an official said. Both are wanted accused in the Rs 122-crore embezzlement case.

The EOW team is identifying the couple’s properties and also ascertaining whether they were acquired with the proceeds of the crime, he said.

About The Lie Detector Test

Meanwhile, the agency will conduct a lie detector test on Hitesh Mehta, former general manager and head of the accounts of the bank, on March 11, the official said.

Mehta is not cooperating and is hiding some important facts concerning the case, due to which he has not given his consent for the test, he said. But the court has permitted the police to conduct the forensic psychological test on Mehta, the official said.

The EOW is probing what prompted the Reserve Bank of India’s inspection team to visit the bank in February 2025.

As per the balance sheets of the bank, as of March 31, 2019, it had Rs 33.71 crore in cash which rose to Rs 99 crore on March 31, 2020. It’s almost a three-fold jump, he said.

On March 31, 2021, the figure further increased to 194 crore and it was Rs 105 crore in 2022. At some point in the current financial year, the amount rose to even Rs 152 crore. Police are examining why the RBI team conducted an inspection last month and not in some of the previous years, the official said.

So far, police have arrested four persons in connection with the embezzlement, and four accused are still at large, he added.

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Crime

Mumbai: Four Cops Suspended For Taking Bribes From Hawkers In Dharavi

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Mumbai: Four police constables attached to Dharavi Police Station were suspended on Thursday after a video of them allegedly accepting bribes from hawkers surfaced on social media.

According to officials, the suspended constables were deployed as beat marshals on patrolling vehicles, responsible for taking action against illegal roadside eateries and food stalls. However, instead of enforcing the law, they were caught on camera extorting money from hawkers.

Following the video’s viral spread, senior police officials initiated an internal inquiry and ordered their immediate suspension.

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