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HC orders top cop to look into complaint of illegal detention
Gujarat High Court has ordered the Ahmedabad police commissioner to take a decision within six weeks on a complaint of illegal detention of a city-based man from Goa.
The Gujarat High Court has ordered the Ahmedabad police commissioner to take a decision within six weeks on a complaint of illegal detention of a city-based man from Goa by some officers of the Ahmedabad Mahila Police Station in connection with a case of domestic violence lodged against him by his wife.
The petitioner,Shaunak Dave,has named at least four women cops and an officer of the rank of deputy superintendent of police from the Ahmedabad Detection of Crime Branch (DCB) for keeping him in illegal custody for over 24 hours.
According to details,Daves wife had lodged a complaint of domestic violence against him in in July last year. Based on this,an inspector and three woman constables of the Mahila Police Station allegedly detained him on August 14 from a hotel in Goa where he had gone on a business tour. He was brought back to Ahmedabad in a Tata Sumo the next day. During this entire period,two of his wifes acquaintances were allegedly accompanying the cops.
Dave has further alleged that he was subjected to mistreatment by the woman police officers during the custody. He was allegedly shown as arrested around 9.30 pm on August 15 and produced before the concerned court,which granted him bail.
Subsequently,Dave lodged a complaint with the police authorities,including the Ahmedabad police commissioner,demanding filing of an FIR and appropriate action against the accused police officers.
When no action was taken on his complaint,Dave approached the HC,seeking a direction to the police to register an FIR and get it investigated by an officer not below the rank of SP.
Daves complaint was inquired into by a DCB deputy superintendent of police who made a report to the police commissioner. But it is not known if the commissioner took any decision on the same.
After hearing the petition,a single-judge bench comprising Justice M R Shah recently ordered the police commissioner to take an appropriate decision on the report submitted by the DySP within six weeks.
It is made clear that the commissioner of police,Ahmedabad City himself to look into the matter and exercise powers under Section 154(3) of the Code of Criminal Procedure. Thereafter,if the petitioner is aggrieved by the decision of the Commissioner of Police,in that case,it will be open for the petitioner to initiate an appropriate proceeding,which can be considered in accordance with law and on merits…, Justice Shah.