Why proper sections not applied: HC ASKS POLICE

The Bombay High Court on Wednesday rapped the Colaba police for not applying proper sections in an assault case.

"They [police] are taking things lightly, trying to help someone it seems," observed a division bench of Justice DB Bhosale and Justice RV More.

Defence lawyer Mobin Solkar said fruit vendor Mohammed Bhiwandiwalla had paid Rs 90,000 to a recruitment agent, Faiz Sattar, who promised him a job in Bahrain. When Bhiwandiwalla realised Sattar would not get him a job, he asked him to return his money.

On April 2, Sattar called Bhiwandiwalla near Colaba market and allegedly assaulted him with help of one Anis. But the police registered a case of "voluntarily causing hurt by dangerous weapons," Solkar said.

Bhiwandiwalla moved the HC alleging police's inaction.

Solkar argued that from the nature of the serious injury on Bhiwandiwalla's neck, the accused intended to kill him.

The HC directed the police to seek a doctor's opinion if a case of attempt to murder can be made out.

When Solkar told the high court that Sattar has approached the sessions court seeking anticipatory bail, the bench directed the police to seek adjournment from the sessions court till the case is decided.