The Bombay High Court on Monday admitted a petition filed by the state government challenging the order issued by a metropolitan magistrate last year.
It had directed investigation and registration of FIR against former Police Commissioner and Director General of Police Anami Narayan Roy.
On December 26, 2008, Bandra Metropolitan Magistrate’s court had directed the Vakola police station to lodge an FIR against Roy and six police officers on a complaint filed by Raj Awasthi, an activist.
Awathi had alleged that he was illegally detained under Maharashtra Prevention of Slum Lords, Drug Offenders and Dangerous Person Act (MPRD) without the authenticity of the documents being checked.
Roy, the then commissioner of Mumbai police, had ordered Awasthi’s detention on December 29, 2005. Awasthi was arrested on January 3, 2006.
The magistrate had asked the Vakola police to investigate the compliant under section 156 (3) of CrPC. The police was to asked to register the FIR and then submit a report to the court after investigating.
The magistrate has asked to lodge the FIR under sections of the IPC for forging records and using forged documents as true among other charges.
The high court on Monday admitted the petition and stayed the magistrate’s order, said public prosecutor Jayesh Yagnik.
The government’s petition contended that the order directing the registration of FIR against Roy and other police officers must be quashed as “the same will affect not only the reputation but will also affect the other cases in which they are investigating officers”.