Constable seeks quashing of "fake" encounter case

A police constable has moved the Bombay High Court seeking quashing of fake encounter case.

Last Updated: Apr 24, 2011, 11:23 AM IST

Mumbai: A police constable, arrested in a
case of "fake" encounter of alleged Chotta Rajan aide Ram
Narayan Gupta alias Lakkhan Bhaiiya, has moved the Bombay High
Court seeking quashing of the case.

Dismissed encounter specialist Pradeep Sharma is the key
accused in the same case.

Constable Ratnakar Kamble, in a petition filed through
advocate R B Mokashi, contended that the original FIR
registered on November 2006 immediately after the encounter of
Lakkhan Bhaiiya by the Versova police station has not yet been
classified as false case and it still subsists. In that case,
there was no need to lodge a second FIR.

According to Kamble, the facts of the encounter were
informed to all the superior officers, right up to the Home
Ministry. "The Deputy Commissioner of Police (Zone 9) and Home
Department (Special Branch) have filed detailed separate
reports about the said encounter and the same do not point out
the guilt of (Kamble) or any other accused," petition said.

Further, according to Kamble, the reports show that the
incident narrated in the original FIR is true.

The petition, likely to come up for hearing on April 27,
said a detailed judicial enquiry was conducted in the matter
by the Collector of Mumbai, while an enquiry was also
conducted by the office of Special Land Acquisition officer
and a Magistrate.

"Desk officer of Home Department, in a communication to
the Director General of Police, also stated in clear terms
that the firing was justified and was not in excess. Also DCP
(Zone 9), on oath, said there was no question of recording
another FIR in respecting of the incident," the petition said.

Lakkhan Bhaiya was killed in an alleged fake encounter on
November 11, 2006 in Nana Nani Park in Versova. However,
Lakkhan Bhaiya`s brother, advocate Ram Prasad Gupta, on
November 15, 2006, filed a petition in the Bombay High Court
alleging that his brother was murdered by police officials.

The High court, in February 2008, ordered magisterial
inquiry into the alleged encounter and in August 2009 the
magistrate submitted the report saying that Lakkhan Bhaiiya
was killed in a cold blooded murder.

Later, the court formed a
SIT to probe the alleged fake encounter case which lodged
another FIR in 2009.

The SIT on January 8 last year, arrested Pradeep Sharma,
while senior inspector Pradeep Suryawanshi, who allegedly led
the team of police officers on the day of encounter, was
arrested on March 4 last year.

The SIT has arrested 22 accused in connection with the
case and filed chargesheet against all of them. All accused
are lodged in Thane Central Jail.

PTI