The CBI, which probed the mysterious disappearance of Dilip Patidar, a witness in the 2008 Malegaon blast case, on Thursday filed a report before the court in Indore, recommending closure of the case as Maharashtra authorities did not give permission to prosecute two accused officers.
The 17-page report, filed before the CBI Magistrate Raghvendra Singh Chouhan, stated that Maharashtra government did not give permission to prosecute inspector Rajendra Dhule and assistant sub-inspector Ramesh More of the state Anti-Terrorism Squad (ATS).
According to CBI, Dhule and More abducted Patidar and kept him in illegal custody so that they can force him to confess to few things related to the blast in Malegaon.
They prepared fake documents to shield themselves, the report adds. For the want of sanction to prosecute them from the state government, CBI could not arrest the duo.
CBI had filed a case against Dhule and More under sections 120B (conspiracy), 348 (wrongful confinement to extort confession), 365 (kidnapping), 193 (false evidence), and 218 (preparing false record) of the IPC.
According to the report, Mumbai ATS took Patidar from Indore on November 10-11, 2008 for questioning, and since then he is missing. He was kept in illegal custody, without producing him before the court, even when he was ready to record his statement before the court, CBI says.
Patidar was a tenant of Ramchandra Kalsangra, an accused in Samjhauta Express blast case and other terror-related cases. ATS was hoping that it might get some clues about Kalsangra through Patidar.
Patidar's brother Ramswaroop had moved the Indore bench of Madhya Pradesh High Court, demanding CBI probe.
ATS had told the HC that Patidar went to Mumbai on his own to record his statement. He was asked to bring proof of his identification and he left the ATS office on November 18, 2008, never to return.