Don't use court machinery to settle personal scores: Bombay High Court to Mumbai Police

The Bombay High Court on Tuesday cautioned the Mumbai Police against using court machinery and legal system to settle personal scores [Anjali Damania v. State of Maharashtra & Anr.].A division bench of Justices Revati Mohite Dere and PK Chavan admonished the police for initially registering a case against the petitioner, then filing a primary chargesheet for the offence of wrongful confinement in the case and eventually filing a supplementary chargesheet stating no offence was made out. “You cannot use court machinery for settling your personal score. This is not the platform,” Justice Dere said. "First you file chargesheet against an accused, then you say that there is no case. Is this done by the same investigating officer? First justify this. Police cannot go by whims and fancies," Justice Chavan weighed in..The bench was hearing a petition filed by Anjali Damania, an activist, seeking quashing of the FIR registered against her in January 2021.The prosecution case was that she had wrongfully restrained a businessman. Additional public prosecutor KV Saste informed the Court today that a chargesheet had been filed against Damania in April 2022. He also told the Court that the same investigating officer had filed both chargesheets.He explained that the primary chargesheet was based on the statement and material handed over by the complainant. However, subsequently after summoning Damania, the supplementary chargesheet came to be filed based on her statement and material submitted by her. The supplementary chargesheet clarified that the prosecution found that Damania had played no role in the case. Saste argued the same could be used as a ground by Damania for seeking discharge in the case..The Court, however. was not impressed with this submission. “You have taken a decision (through the supplementary chargesheet) then you must take it to logical conclusion. File an application under section 321 (of Code of Criminal Procedure). Take it to a logical end,” the Court ordered. Section 321 of the Criminal Procedure Code enables a public prosecutor to withdraw case against an accused with the consent of the magistrate..Advocate Archit Jaykar appearing for Damania informed the Court that further investigation in the present case had been undertaken only after Damania had personally written to the then Mumbai Police Commissioner Sanjay Pandey. She had written that a chargesheet had been filed against her without summoning her for interrogation. When the investigation was complete, the police had stated that the complaint was false and out of malice, Jaykar informed..The bench decided to keep Damania's petition pending and asked the investigating officer to take a decision after consulting senior police officials. The petition will be heard next on March 2.