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Pune court raps police, grants bail to woman in cheating case
Pune court on Monday termed the registration of FIR by Samarth police in alleged cheating case as a “sheer abuse of the process of court”, grants anticipatory bail to woman in financial dispute case
Pune: A Pune sessions court on Monday termed the registration of a first information report (FRI) by the Samarth police in an alleged cheating case as a “sheer abuse of the process of court”, while granting anticipatory bail to a woman accused in a ₹15 lakh financial dispute.
The case stems from a complaint filed by Nasira Shahid Shaikh this year, who alleged that the accused, Aasma Naim Sayyed—her relative—induced her to invest ₹15 lakh in a construction business WHEN?? by promising returns higher than bank interest rates.
The complainant claimed that the amount was paid partly in cash and partly by cheques routed through co-accused persons. She alleged that the accused diverted the funds for personal use and failed to deliver the promised returns, repaying only ₹25,000 despite repeated demands.
Appearing for the accused, Advocate Sameer Shaikh argued that the complaint was a “counterblast” to earlier legal proceedings initiated by Sayyed against the complainant’s family. He submitted that the dispute was essentially civil, arising out of financial transactions and adjustments between the parties.
The complainant, Nasira’s husband, Shahid Yusuf, was in the police service and retired as an officer from the crime branch. Her son-in-law, Sayyed Pathan, works in the DB squad of Samarth police station, where the offence is registered. They had an inter-se dispute relating to the return and adjustment of the amount, which is primarily of civil nature. In fact, it was the complainant, her husband and son-in-law who were harassing her by making false complaints and trying to extort money. She tried to report the matter to the Samarth police station. However, due to the influence of the complainant’s husband and son-in-law, her police report was not registered. Ultimately, she approached the court of Judicial Magistrate First Class (JMFC).
The magistrate had sought a report from the Samarth police, following which both sides were called for inquiry.
Opposing the anticipatory bail plea, the complainant’s counsel argued that the applicant was a habitual offender who lured people into investing money by promising high returns. It was submitted that similar offences had been registered against her earlier, including a case at Vimantal police station under Sections 364 and 384 of the Indian Penal Code (IPC) and provisions of the Money Lenders Act, and another at Kondhwa police station in 2023 under Section 384 of the IPC.
However, Additional Sessions Judge SS Kanthale, in his order, noted that the police had submitted a report dated March 27 this year, stating that the dispute was amicably settled and civil in nature. Within a week of the report, the same police station registered an FIR against the accused on April 7.
The court further emphasised that the police cannot be used as a tool to recover money or settle private financial disputes. “Even assuming that the accused owes certain amounts to the complainant, there is no explanation as to why no civil suit has been filed to date. The police machinery cannot be used as a device to extort outstanding dues,” the court observed.
Considering these factors, the court granted anticipatory bail to Sayyed.
