Bombay HC asks zone 11 DCP to probe delay in investigation into 2018 case
The Bombay high court (HC) on March 1 directed the deputy commissioner of police of zone 11 to conduct an inquiry against an investigating officer from Borivli police station who failed to take any action in a case registered against four persons in 2018. The four had allegedly prepared a power of attorney in 2006 in the name of a woman who died in 1999.
The court issued the directions while hearing the petition of the four seeking to quash the first information report (FIR) against them as the power of attorney was not used anywhere to misappropriate the property owned by the deceased woman’s husband who died in 2000. The petitioners submitted that as no inquiry had been done by the police and no charge sheet was filed for three years, the FIR should be quashed.
The division bench of justice SS Shinde and justice Manish Pitale, while hearing the petition filed by Maruti Upare, Taramati Kolate, Ravindra Upare and Jayram Bhandari, was informed by advocate Vishal Saxena that the FIR had been registered at the behest of Shantaram Upare, brother of Maruti Upare.
Saxena told the court that the power of attorney executed in the name of Shobha Ganpat Upare in 2006 was actually executed by Kolate, the second wife of Ganpat Upare. While Shobha died in 1999, Ganpat passed away in 2000.
Additional public prosecutor AS Pai, on instructions from investigating officer sub inspector Yogesh Patil of Borivli police station, told the court the probe was almost complete and the investigating officer was in process of filing the charge sheet.
After hearing the submissions the court observed, “We direct the deputy commissioner of police to cause inquiry into the matter and file his personal affidavit within two weeks.”