The Bombay High Court has directed Mumbai Police not to take any action until further orders against Barun Kashyap, a film executive, against whom an FIR was registered after he allegedly made false complaints regarding harassment by gaurakshaks for carrying a leather bag. The court said prima facie no offence has been made out and granted an interim order restraining the police from proceeding with the case.
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Kashyap had approached a division bench of Justices Abhay Oka and Anuja Prabhudesai, seeking quashing of the FIR registered against him.
In August 2016, Kashyap had alleged that he was threatened and harassed by an auto driver and two others, who he claimed were gaurakshaks (cow vigilantes), for carrying a leather bag, following which he approached the police. The police, after collecting evidence and upon further interrogation, came to a conclusion that Kashyap had fabricated the incident to create enmity between communities. An FIR was registered against him in the Amboli police station under Section 153a (promoting enmity between different groups). Kashyap is currently out on bail.
Kashyap, through his lawyer Vijay Hiremath, told the court that the case made out by the police is false and that the incident did occur. He also contended that there was no intention to promote enmity between communities as is alleged.
The petition also states that it is under threat and coercion, and due to harassment by inspector Daya Nayak and others that he was forced to change the statement. He also submitted that it was through media reports that he came to know that an FIR was registered. He was arrested following this.
“The police have acted in complete contravention of code of criminal procedure. The petitioner was not furnished an order by the magistrate to investigate his non-cognisable complaint. He was harassed by Daya Nayak after he registered a complaint. The FIR registered is false and the petitioner is being victimised,” the petition reads.