#MenToo: "In a fake FIR, the police must move the magistrate against the plaintiff"



[ad_1]

MUMBAI: It has been a week since a prosecutor told the Bombay High Court on June 7 that the Oshiwara police would take "appropriate measures" against the woman who has accused the actor Karan Oberoi of rape, as "brain of the attack". "On herself that she reported in a second criminal case on May 25.

The police informed the HC that his second RIP was false and that the badault – badault and threats of unknown bikers on a bike that had left him a ticket asking him to remove the file – had been orchestrated by her the culprit should have been fixed. law in motion against it now, said legal experts. "The police should have filed an application under Article 157 of the Code of Criminal Procedure to obtain leave to prosecute the woman for an offense under Article 182 of the CPI (see box). intentionally misleading officials, "said renowned lawyer Niteen Pradhan.

The woman had recorded the case of rape against Oberoi on May 4 and, while he was in custody, had filed on May 25 a second report of confidential information about his badault during a morning walk to Andheri. "During the investigation, it appeared that the said RIP of May 25, 2019, filed by the complainant, was false. In fact, the investigation reveals that the complainant herself organized her own attack, the obvious reason being to ensure that the applicant was not released on bail, "said Judge Revati Mohite-Dere , a member of the HC, in his decision granting the interim release of Oberoi.

In a letter to the police, the woman denied any involvement in this case.

Pradhan and Shirish Gupte, another prominent attorney, agreed that the police had an obligation to sue the woman by going to court if she suspected that the FIR was an act of counterfeiting.

The police stated that she was investigating the case and complying with the law (see box). Gupte pointed out that the law requires that they "immediately file an application to a magistrate to obtain leave to investigate and file an appeal against it under section 182 of the ICC ". He added: "If she had gone to the police station to register her FIRs, the police could also call her at the station to interrogate her."

[ad_2]
Source link