A metropolitan magistrate’s court in Mumbai on Thursday disposed off an application filed by special investigating team (SIT) consisting of Mumbai police officers, without issuing non-bailable warrant
A metropolitan magistrate’s court in Mumbai on Thursday disposed off an application filed by special investigating team (SIT) consisting of Mumbai police officers, without issuing non-bailable warrant (NBW) against five policemen of Haryana who killed a gangster Sandeep Gadoli in a fake encounter. The magistrate, however, held that the police had the liberty to take every possible step to arrest the accused in this case.
The investigating officer of the encounter case had moved an application before additional chief metropolitan magistrate R.K. Deshpande seeking issuance of NBW against the police officers who allegedly killed Gadoli in the encounter.
The judge, however, observed, “Admittedly, the material offences for which, the above persons appear to be charged as accused are cognisable, non-bailable and severe in nature.”
The judge further noted that as per law, “Any police officer may without an order from a magistrate, and without a warrant, arrest any person against whom a reasonable complaint has been made.”
In his order, the magistrate further stated that this was a case of murder and sections of Arms Act had also been imposed. “Hence considering the nature of offence, the above facts and circumstances available on record, the investigating officer of this crime has the liberty to take every possible steps or further necessary action as per the provisions of the Criminal Procedure Code to arrest the accused as prayed,” the judge added.
Tanveer Nizam, lawyer of the deceased’s brother Kuldeep Singh Gadoli, expressed satisfaction over the order passed by the magistrate and said, “From the beginning we have been saying that the police never comes to court to get an NBW issued against any accused in murder cases, but it is doing this to allow the accused to buy time and find a way to avoid arrest. Now it is required to arrest the accused police officers. The SIT had sought issuance of an NBW against police officers, claiming that the Gurgaon police was not cooperating with the probe.
