Provogue owner Salil Chaturvedi on Wednesday moved an application in the Mulund metropolitan magistrate’s court, saying the magistrate’s court does not have jurisdiction to take cognizance of a private complaint filed against state CID chief S.P.S. Yadav and another officer R.D. Khade.
The magistrate had taken cognizance of a complaint filed by police constable Ashok Bhosale. He had alleged that Yadav and Khade had abducted him and forced him to make a statement that he had planted the drugs at Chaturvedi’s house in 2005.
Santacruz Airport police had arrested Chaturvedi in August 2005. He was acquitted last year. “The magistrate court does not have any power to take cognizance and only the special Narcotics Drugs and Psychotropic Substance act court, which had tried the case, has the power to do that,” said Chaturvedi’s lawyer Rizwan Merchant.
Bhosle’s lawyer S.T. Markandey told the court that Chaturvedi cannot move this application at this stage as the cognizance has already been taken and process has already been issued. “If they want, they can challenge the magistrate’s court order but they cannot file this application now,” said Markandey.
The court has issued notices to Bhosale, Yadav and Khade asking for their reply by March 23. Yadav and Khade will also appear in the court in connection with Bhosale’s complaint. Bhosale had moved court alleging that Yadav and Khade abducted him while he was on duty, outside Bank of Baroda, on September 2, 2009.