This story is from November 28, 2016

Shift dowry case as wife’s dad was ACP at cop station: Accused

Shift dowry case as wife’s dad was ACP at cop station: Accused
(Representative photo)
MUMBAI: The Bombay high court has asked the state to check if a dowry harassment case registered at Matunga police station could be transferred to another unit after the accused, a Kharghar resident, complained that his father-in-law had served as an assistant commissioner of police there. Hearing an application filed by Sachin Borkar and his 70-year-old mother seeking quashing of the FIR under section 498A by his estranged wife Seema, a division bench of Justices Vidyasagar Kanade and Nutan Sardessai restrained the police from filing a chargesheet in the case till the next date of hearing on December 14.
The court also stayed the sessions court order asking the mother-son duo to attend Matunga police station every Tuesday and Thursday.
“Since the allegation is made that Seema’s father was ACP and the said police station was under his charge and control, the additional public prosecutor should take instructions as to whether it is possible to transfer the investigation to any other police station,” said the judges. The court also asked Seema to remain present on the next date of hearing and suggested that truce should be explored between the warring couple. “It is made clear that since the allegations do not prima facie appear to be serious, efforts will be made to find an amicable solution to the problem,” added the judges.
Sachin, in his 40s and now based in New Zealand, had approached the sessions court earlier this year, after Seema moved to lodge a case alleging that she was treated cruelly. The police lodged a case under IPC section 498A against Sachin and his mother. The offence is punishable with a jail term of up to three years on conviction. The sessions court granted anticipatory bail. Sachin then approached the HC urging it to quash the FIR. He claimed that his mother, a senior citizen, is not required to attend the police station. Sachin also alleged that since Seema’s father during his tenure as ACP was at Matunga police station, the police were harassing his mother.
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About the Author
Shibu Thomas

Shibu Thomas is a special correspondent at The Times of India in Mumbai. He writes on legal issues in the Bombay high Court and other courts in the city. He has written on PILs filed by citizens, human rights violations and prisoners caught in the legal system. He has travelled across two continents and plans to cover the remaining five.

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