Mumbai: Social media influencer Priya Singh fell while retrieving her bag from a SUV, joint commissioner of police (crime), Thane, told Bombay high court in relation to a Dec 11 incident on Ghodbunder Road. Singh had alleged that Ashwajit, son of senior bureaucrat Anilkumar Gaikwad, had instructed a friend to run the vehicle over her. "During the course of the investigation, it is revealed that the informant fell down at the time of taking her belongings from the vehicle.
..," Dnyaneshwar Chavan stated in his affidavit submitted to Justices Ajay Gadkari and Neela Gokhale on Sept 11.
Ashwajit moved HC to quash the FIR against him under Indian Penal Code sections 279 (rash driving), 323 (voluntarily causing hurt), and 338 (causing grievous hurt). Priya moved HC to add sections including 307 (attempt to murder) and 376 (rape) and to transfer the investigation to any other agency. On June 14, the judges took note that the investigating officer had "till date" not recorded Priya's statement.
They were "startled" that the case diary mentioned that a report has to be sent to the Motor Accident Claim Tribunal (MACT), and Singh's Aadhaar card, bank passbook and other documents are necessary. They said the investigating officer (IO) Vishal Rumane of Kasarvadavali police station "is not conversant with the provisions of CrPC (Criminal Procedure Code)". They directed the JCP to file his personal affidavit.
Chavan's June 25 reply said the incident occurred on Dec 11 around 4.30am at Service Road, Courtyard Hotel. Statements of five witnesses were recorded.
A certificate in respect of Priya's injuries was obtained from the hospital. On June 22, her supplementary statement was recorded. Chavan said the DCP took disciplinary action against Rumane "for poor performance during the course of the investigation" and had submitted a June 24 report to additional CP (western region).
Chavan informed that the investigation is conducted by an SIT headed by the DCP (zone 5). He said all DCPs are directed to personally monitor cases and matters listed/pending before HC. Prosecutor Vinod Chate said Priya's three supplementary statements were recorded.
The judges perused the statements and the injury certificate. They said they are satisfied with Chavan's affidavit. They expressed that sections 307 and 376 will not be applicable in the case.
They said the FIR mentioned only a push was given by the SUV. Also, Priya stated she was in a love relationship with Ashwajit. Priya's advocate Mayuri Hatle-Bane said she underwent major surgery and a rod was inserted in her right leg.
The judges said they could direct addition of 326 (voluntarily causing grievous hurt...
) and asked her to take instructions from Priya and inform on Sept 25..
