Cops should not probe complaint against cops

The court directed the magistrate to conduct an inquiry into the alleged case of illegal confinement.

AAMIR KHAN

While setting aside a lower courts order,the Bombay High Court Monday said the magistrate should not have directed the police to conduct an inquiry in a complaint against police officers. The court directed the magistrate to conduct an inquiry into the alleged case of illegal confinement.

According to Amanciana Crasto,the complainant,her husband Melwyn Crasto was picked up by Economic Offences Wing (EoW) personnel and wrongfully confined. Amanciana said Melwyn was a panelist with Speak Asia Online (SAOL) and was picked up on November 24,2011,after an FIR was registered against the company for alleged fraud. The work of a panelist has no direct bearing on the offences complained,she said in her petition.

Officers of EoW,including the inspector and sub-inspector,arrested and detained Melwyn in unlawful custody without sanction of a competent court/magistrate, it added.

The petitioners lawyer,Shrikant Bhat,informed the court that Amanciana filed a criminal complaint against EoW officials before the additional chief metropolitan magistrate on December 8,2011. On June 4,2012,the magistrate directed Azad Maidan police station to conduct an inquiry.

Amanciana filed a revision application before the sessions court seeking a judicial inquiry. However,the sessions court dismissed the revision application on March 26,2013. Amanciana,subsequently,moved the HC against the orders of the lower courts and sought that the state Crime Investigation Department or any other state agency be directed to conduct an inquiry.

mumbai.newsline@expressindia.com

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