Closure reports filed on FIRs against BJP MLA Ganesh Naik, Bombay HC told

The Indian Express | 1 month ago | 02-12-2022 | 05:45 pm

Closure reports filed on FIRs against BJP MLA Ganesh Naik, Bombay HC told

The Bombay High Court was informed on Friday that closure reports had been filed on two FIRs lodged against Maharashtra BJP MLA Ganesh Naik for allegedly threatening and raping a woman, who claimed that he was her son’s biological father. The court then directed the magistrate to dispose of the proceedings within three months.The prosecution submitted that it could not find substance in the allegations against the Airoli MLA. Additional public prosecutor Prajakta P Shinde told the court that in both the matters, A-summary reports were filed by the Navi Mumbai police in July and September, after the Shinde Sena-BJP government replaced the MVA government in the state.An A-summary report on a case is submitted to a magistrate when there is no clue about culprits, or when the accused is known but there is no evidence to justify his being sent to the magistrate for trial.A bench of Justices Revati Mohite-Dere and R N Laddha was hearing Naik’s plea seeking the quashing of the FIRs registered against him at the CBD Belapur police station. He was booked in April after the woman lodged a complaint that she was in a live-in relationship with Naik and that in 2021, he had threatened her with a firearm if she disclosed their relationship to anyone.The woman said she became pregnant with Naik’s child in 2006 and went to New Jersey in the US to give birth. However, despite assuring her that he would accept the child and stay with them, Naik did not do so, she alleged.According to the woman, Naik called her to his office for lunch. When she asked if he would give his name to the child, Naik allegedly pulled out his revolver and told her not to “harass” him or else, he would kill them and end his life. She said she did not file a police complaint back then as Naik was a minister and an influential politician.Senior advocate Ashok Mundargi, appearing for Naik, submitted that the “two cases have a political angle to them and there is a general tendency that cases connected to political personalities are deliberately kept pending”.In such cases, Mundargi argued, despite A-summary reports being filed before the magistrate and the complainant being issued a notice, nothing further happens. He therefore urged the court to direct the magistrate to expeditiously dispose of the matters.A single- judge bench of Justice Anuja Prabhudessai, which granted anticipatory bail to Naik on May 4, had noted that the woman’s statement had indicated that she and Naik were in a relationship from 1995 to 2017. She said that as her family did not approve of their relationship, she got married to someone else. According to her, she divorced him in 2001 and continued the relationship with Naik.Justice Prabhudessai observed that the relationship between Naik and the woman was consensual and that prima facie essential ingredients of rape were not made out and therefore his custodial interrogation was not required.

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