The Bombay High Court on Monday stayed a lower court's order directing the police to register a case against former director general of police (DGP) A N Roy and five other policemen.
Suburban Bandra metropolitan magistrate had ordered the Vakola police station to register an FIR against Roy, two deputy commissioners of police, and three other officers for allegedly using forged documents to detain one Raj Awasthi under the Maharashtra Prevention of Dangerous Activities (MPDA) Act.
Awasthi was detained on January 3, 2006, after Roy, then the police commissioner, gave sanction for the action relying non-cognisable complaints against Awathi.
Awasthi found out, through Right to Information Act, that the alleged complaint against him by one Ehsanul Jabbar Siddiqui from Kurla had never been filed.
He then approached the metropolitan magistrate's court seeking action against the officers for forgery and false implication.
In an affidavit filed in the HC the police claimed that the case papers had to be "reconstructed" as the original complaint filed by Siddiqui was destroyed by the widow of the investigating officer after he died in an accident in 2007.
High Court on Monday admitted state's appeal. It would come up for final hearing in August.