SPCA calls for disciplinary action against 4 policemen over delayed FIR in fireworks case

The SPCA’s bid was passed by a seat comprising retired IAS serviceman Vijay Satbir Singh (member), retired Justice Shrihari Davare (chairperson) and Umakant Mitkar (member, civilian eminence). The seat held Senior Police Inspector Kumar Ghadage of Bibwewadi constabulary presumption successful Pune and Police Sub-Inspector Yash Borate chiefly accountable for failing to registry the case. Disciplinary enactment was besides recommended against ACP Sunil Kalgutkar, who is present retired, and the past Deputy Commissioner of Police (Zone V) Suhas Bavche for not providing due guidance arsenic their supervisory officers.

Patil, a 68-year-old retired ACP from Pune, reported that connected the nighttime of December 19, 2019, helium was disturbed by large cracker bursting during 2 weddings adjacent his location successful the Bibwewadi area. He contacted the Pune constabulary power country and, erstwhile the sound persisted, filmed the fireworks and sent the video to the constabulary via WhatsApp. The constabulary acknowledged receipt of his ailment and claimed that a bushed marshal was dispatched to the site.

The adjacent morning, Patil visited the constabulary presumption and, receiving nary satisfactory response, filed a ceremonial ailment astatine the bureau of Bavche. Bavche assured him that Kalgutkar would grip the matter. However, Patil was aboriginal informed that Borate had visited the site, taken statements from witnesses, but claimed they recovered nary grounds to substantiate his complaint. The constabulary disregarded the video Patil had provided. Four persons astatine the venue —including unit members — denied the incident. Additionally, constabulary incorrectly claimed that Patil had been absent during their inquiry, adjacent though helium was contiguous successful the ACP’s bureau astatine the time.

Frustrated by the mishandling of his case, Patil approached the Bombay High Court successful 2021, which instructed the Pune constabulary to reappraisal the ailment and instrumentality indispensable action. The constabulary subsequently registered a lawsuit successful aboriginal 2022 against chartless persons. However, the probe was hindered by a closure report, prompting the tribunal to bid a reinvestigation. Ultimately, the lawsuit was closed with a summary (A) report, indicating that the culprit could not beryllium identified.

The SPCA, aft a two-year proceeding process, concluded that the constabulary should person instantly registered the lawsuit upon receiving Patil’s ailment astir a cognizable offence and collected the indispensable evidence. Instead, invaluable clip was wasted nether the pretext of an unnecessary preliminary inquiry. It was noted that the substance had been brought to the attraction of elder officers, who failed to instrumentality enactment nether Section 154(3) of the Code of Criminal Procedure. The hold successful filing the FIR was attributed to their inaction and indifference.

As the seat recovered them responsible, the SPCA past passed a judgement recommending the Maharashtra authorities to dainty the judgement arsenic a “preliminary enquiry for the intent of instituting disciplinary proceedings” against the 4 policemen arsenic per Section 22 R (2) (b) of the Maharashtra Police (Amendment & Continuance) Act, 2014. “Thereafter the authorities authorities oregon the competent authority, arsenic the lawsuit whitethorn be, shall nonstop instauration of disciplinary proceedings oregon immoderate different ineligible enactment against the delinquent constabulary officers/police personnel, arsenic permissible nether the law,” the judgement read.

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