Justice Sadhana Jadhav gave this direction to the Borivali police here while recently hearing an application filed by Niki Gupta pleading that she may be allowed to assist the police in conducting further probe on the basis of her statement.
The high court asked the Borivali police to record Gupta's statement and, if necessary, take further action as per law.
The complainant's case is that police had dropped the name of Radhe Maa from the list of accused on the ground that there was no evidence against her, and she (Gupta) was not informed about it.
"If evidence is found then action may be taken against Radhe Maa," the complainant prayed.
Gupta said the police did not inform her about dropping the charges against Radhe Maa and also did not file a report on the issue before a magistrate. Hence, she did not get a chance to assist police in the investigation.
The high court was of the view that the complainant has a right to seek further investigation if he or she is not satisfied with the probe.
The police can conduct further probe under the Criminal Procedure Code (CrPC) even though charges have been dropped against accused, the judge ruled while asking the police to record the statement of the complainant.
Gupta had earlier filed an application making a similar plea before a magistrate. However, the magistrate sought the say of the accused while deciding her application.
The high court opined that the lower court had erred in seeking the say of the accused because an accused has no locus standi in the investigations.
Hence, the judge asked the Borivali police to record the statement of the complainant and take action as per law, if required.
Disclaimer: No Business Standard Journalist was involved in creation of this content
You’ve reached your limit of {{free_limit}} free articles this month.
Subscribe now for unlimited access.
Already subscribed? Log in
Subscribe to read the full story →
Smart Quarterly
₹900
3 Months
₹300/Month
Smart Essential
₹2,700
1 Year
₹225/Month
Super Saver
₹3,900
2 Years
₹162/Month
Renews automatically, cancel anytime
Here’s what’s included in our digital subscription plans
Exclusive premium stories online
Over 30 premium stories daily, handpicked by our editors


Complimentary Access to The New York Times
News, Games, Cooking, Audio, Wirecutter & The Athletic
Business Standard Epaper
Digital replica of our daily newspaper — with options to read, save, and share


Curated Newsletters
Insights on markets, finance, politics, tech, and more delivered to your inbox
Market Analysis & Investment Insights
In-depth market analysis & insights with access to The Smart Investor


Archives
Repository of articles and publications dating back to 1997
Ad-free Reading
Uninterrupted reading experience with no advertisements


Seamless Access Across All Devices
Access Business Standard across devices — mobile, tablet, or PC, via web or app
