The Supreme Court has directed the Maharashtra police for investigating a 2020 complaint by a Thane man, against the then cabinet minister Jitendra Awhad and others.
The complaint alleges that the man was abducted by police guards and beaten mercilessly at the residence of the NCP leaders in his bungalow in the presence of 15 people.
The bench of Justice MR Shah and Justice CT Ravikumar said that the victim has his fundamental right under fair investigation and trial.
The bench further said that mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation,if the facts so warrant.
The bench agreed that the allegations as per the FIR were serious in nature and were a gross misuse of powers by the sitting Cabinet Minister and of abducting, kidnapping and beating the complainant. and noted that Awhad was made an accused.
The Supreme Court has instructed the further probe to be completed within three months.
A resident of Thane Anant Karmuse had appealed against an order of Highcourt dated April 2022 that dismissed his plea for transfer of case to CBI or to any other agency for further investigation or re-investigation.
The Supreme Court has confirmed the Bombay high courts refusal to transfer investigation to CBI but have agreed for further investigation of the case by the State police observing that the allegations in the FIR, were against the accused who at the relevant time was the sitting Cabinet Minister occupying the high position and thus the investigation was conducted in perfunctory manner.
The Senior counsel Mahesh Jethmalani and Siddharth Dave for Karmuse said re-investigation can still be ordered after the chargesheet is filed.
The Solicitor General Tushar Mehta who represented Maharashtra said a further investigation…is required.
The Apex Court agreed that the allegations in the FIR were very serious in nature and included the misuse of powers by the sitting Cabinet Minister and of abducting, kidnapping and beating the complainant.