Police directed to record statement against Radhe Maa

The high court has asked police to record Gupta's statement and submit the same to a Borivali magistrate to deal with her application.

Update: 2017-04-26 19:55 GMT
Radhe Maa

Mumbai: The high court has directed Kandivali police to record the statement of a woman, Niki Gupta, who claims that self-proclaimed guru Radhe Maa instigated her in-laws to harass her.

The high court has asked police to record Gupta’s statement and submit the same to a Borivali magistrate to deal with her application.

Gupta had approached the HC, alleging that police excluded Radhe Maa’s name while filing a charge sheet in the case based on her complaint, on grounds that no evidence was found. Gupta wanted to assist the police so that they could take action against Radhe Maa.

According to Gupta’s application, police did not inform her that charges against Radhe Maa were dropped and that it did not file any report to the magistrate regarding dropping of charges. Gupta claimed that this was the reason why she did not get the opportunity to assist police in the investigation. Gupta then filed an application in the magistrate court but the magistrate sought say of the accused in the application. The HC held that it was a mistake on the part of the magistrate and he should not have asked for the accused’s reply because as per the law, an accused had no locus in the investigation.

Justice Sadhana Jadhav of Bombay high court opined that police could further investigate under the Criminal Procedure Code even if charges had been dropped against the accused.

She further observed that Gupta was not satisfied with the investigation and said that the police should call the victim and record her statement.

“She (Gupta) is permitted to demonstrate as to what are the lacunae in the earlier investigation and that the charge sheet is not filed in pursuance to allegations made by her,” the court said.

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