Bombay HC seeks senior cop’s report on diverse views of 2 police stations – Times of India

MUMBAI: After two city police stations took conflicting views on registering a complaint, Bombay high court has directed the additional commissioner of police (south) to submit his report stating which one was correct.
“This approach of the police would dwindle the faith of a common man in the police machinery,” Justice Bharati Dangre observed in her June 16 order. She heard the pre-arrest bail plea of fashion designer Masumi Mewawala (29).
Her advocates, Niteen Pradhan and Shubhada Khot, said the very same complainant Satyen Dalal, son of former stock broker Bhupen Dalal, on November 23, 2021 had approached MRA Marg police station, alleging that businessman Rajesh Mewawala, his wife Rakhi and daughter Masumi had duped him, several persons and banks of nearly Rs 38 crore. Mewawala responded to a notice from the police. The MRA Marg police station concluded that the complaint is civil in nature and no offence is made out.
On May 9, Satyen filed the same complaint at Azad Maidan police station. No notice was issued to the Mewawalas. On the orders of a superior officer, the FIR was transferred to the state CID, Crime Branch-I who lodged an FIR on May 20 and arrested Mewawala. The sessions court did not protect Masumi from arrest. Her application said Satyen’s FIR made allegations against her father with whom he had financial transactions and not her. Since March 31, 2021 she is being treated for brain tumour.
Justice Dangre noted that Satyen’s second complaint mentions the offence occurred from June 12, 2018 to May 20, 2022 – the period already covered by his first complaint. She said the same complaint was filed “misleading the authorities” and by showing the residence of the accused to be ‘Azad Maidan, Brihanmumbai city, Maharashtra, India’.
The Azad Maidan police registered the complaint and converted it into an FIR without ascertaining the true address of the accused or even if it has jurisdiction to entertain it.
In the “peculiar facts” of the case, Justice Dangre said it would be “more appropriate” to direct the additional commissioner of police to “look into this aspect” and submit a report on whether Azad Maidan police station officials were justified in their action. “He is at liberty to form an opinion whether a cognisable offence is made out or whether, on an earlier occasion, the investigating officer of MRA police [station] was incorrect in forming his opinion that the dispute is of civil nature,” she added. Posting the hearing on July 6, she said, “In the meantime, the applicant shall not be arrested.”