The Bombay high court on Monday directed the arrest of a 72-year-old cancer-stricken woman, who allegedly attempted to usurp a flat at Peddar Road, saying cancer cannot be a ground to not arrest her.
The division bench of justices AM Khanwilkar and PD Kode were hearing a petition filed by Shashikant Mehta (76) seeking transfer of probe due to police inaction. According to his petition, his widowed sister-in-law Madhuri attempted to take over the 6th floor flat at Mitra Kunj Cooperative Housing Society opposite Jaslok Hospital.
Shashikant said he had allowed his brother Manukant and family to live with him. Manukant passed away in July 2008. In November 2008 he learnt that Madhuri applied to BEST to change the electricity meter and under the Right to Information Act acquired the copy of her application along with the society’s maintenance bill, which was forged. The Gamdevi police refused to register his complaint.
He moved the magistrate court which directed the Gamdevi police to initiate an inquiry. Dissatisfied with police inaction, he moved HC.
The judges took note of Shashikant’s lawyer Ayaz Khan’s submission that the complaint was not taken on the specious plea that it was a civil dispute. Only on court’s intervention the FIR was filed, they added. The judges said Shashikant’s grievance was that the original maintenance receipt has not been seized, which is crucial. “Besides, there was no inquiry by the investigating officer on how an application for transfer of electricity meter was presented even though she is stated to be unwell,” the judges noted.
The judges said the manner in which the investigation was handled by the the said officer is questionable. The lower court also rejected her plea for anticipatory bail.
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