Thursday 17 January 2013

women, children and physically handicapped are not summoned to police stations for recording of statements;Bombay high court




MUMBAI: Women, children and physically handicapped persons, who are either witnesses or complainants, will not be summoned to police stations for recording of their statements from now onwards, the Bombay high court was informed on Monday.
The court was informed through a circular issued by Deven Bharti, inspector general of police (law and order).
The circular issued to all police stations across Maharashtra has directed police to ensure that women, children and physically handicapped are not summoned to police stations for recording of statements.

Asking the police to strictly follow section 160 of the Criminal Procedure Code, the circular states if the statement of any woman, child below the age of 15, and physically handicapped person is required, the policeman concerned will have to go to their residence and record the statement.

The circular was submitted to a division bench of justices AM Khanwilkar and AR Joshi during the hearing of a plea filed by an advocate Geetal Haldankar, who had alleged that when she had gone to lodge a complaint with the police against an estate agent she was made to sit in the police station till late in the night.
According to Haldankar, she had rented a flat in Diva in neighbouring Thane district through one Shubhda Narvekar. She was, however, not given an agreement by Narvekar.
Recently, when she returned from work, the landlord of the house had removed her lock from the door and put his own. When Haldankar approached the Diva police to file a case against Narvekar, the police there refused to take her complaint and made her sit there till late in the night.
Haldankar wrote a letter to the senior police inspector complaining about the behaviour of the police officials but did not receive any reply. The advocate later approached the high court seeking direction to police to lodge a case.
The high court was today also informed that Haldankar's complaint has been lodged and investigations are on following which her petition was disposed of.
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