Mumbai: A magistrate court in Andheri allowed an application for registration of FIR against two police constables for causing grievous hurt to Noman Kharodia in Jogeshwari after he was caught riding a bike without a helmet and failed to produce the documents of the vehicle he was riding.
The order was passed on an application filed by Kharodia. The police had registered FIR against Kharodia for assaulting them with a knife and escaping their custody but a CCTV recording revealed that it was the police who assaulted him with blows and one of theconstables hurt himself while punching Kharodia’s teeth.
“Application is allowed subject to filing FIR under section 325 of the Indian Penal Code (IPC),” said the magistrate R.M. Nerlikar. This section of IPC pertains to voluntarily causing grievous hurt.
Kharodia had moved the application through advocate Khan Abdul Wahab seeking direction for the Amboli police to register FIR against two police constables Sagar Kondwilkar and Manoj Govari for assaulting him and also against police sub inspector Mukta Phadtare and senior inspector Bharat Gaikwad — all attached to Amboli police station.
The reason, Kharodia mentioned in his application, for seeking registration of FIR against senior police inspector and PSI is that when he was in the police custody along with a few others, who were arrested on charges of rioting, told him that the police officers mentiond above allegedly deleted videos of incident from their phones.
Kharodia’s lawyer had relied upon medical reports and the order passed by the Dindoshi Sessions court while granting bail to Kharodia.
Mr Khan showed the video of the incident to the judge who had not only granted bail Kharodia but had also observed that the case filed against the applicant appeared to be false and a cover up operation for the offence committed by the police was held. The incident had taken place on January 2, this year.
According to police, Kharodia was caught riding a bike without a helmet and also failed to produce vehicle’s docum-ents. When the police detained him, he allegedly assaulted one of the constables with sharp object and tried to escape but the public caught him and assaulted him because of which he was injured.
On the other hand Kharodia claimed that it was the police and not the public who assaulted him.
