The Bombay High Court recently quashed an FIR against one Sachinkumar Singh, 32, for allegedly extorting Rs 3,000 from a passenger in an outstation train disguising as a policeman with three others, observing that the investigating officer failed to establish the identity properly while arraigning him as an accused in the case.
A division bench of Justices Sunil Shukre and Milind Sathaye observed, “We have, however, not come across any such material which indicates that there is a reasonable possibility of the petitioner being there at the scene of crime... Unless it is established... no trial against such a person can be held.”
FIR in 2019 filed against one Vinod Chauhan for extorting money from Dadar resident
An FIR was registered by the CST Railway police on Jan 12, 2019, against one Vinod Chauhan, who was dressed in a police uniform, and three others, who were in civil clothes, for extorting money from a Dadar-resident Mujeem Khan and his friends.
According to the prosecution, Chauhan and three others caught Khan’s friend chewing tobacco on the train. Initially, they demanded Rs 25,000 as fine but later settled for Rs 3,000.
Passengers nabbed four 'fake cops' but three in civilian clothes managed to escape
Later, Khan narrated the incident to his friend, who was in the washroom at the time. All of them questioned the four “policemen”, who fumbled. With the help of other passengers, the four persons were nabbed.
However, when the train slowed near Kalyan, the three persons in civilian clothes managed to escape.
Court's observations
Subsequently, the police arrested Singh, Rahul Bondre and Kunal Gurud. Advocate Prashant Pandey argued that except for Chauhan, there was no identity established for others.
The bench agreed and asked how the investigating officer could have convinced himself that this petitioner (Singh) was indeed the person who was involved.
