The Court permitted rectification of the typographical error in the petition after it was told that there were no allegations against the actor as far as custodial death of the accused was concerned.
The mother of the accused who allegedly died by suicide in police custody after being arrested in connection with the recent firing incident outside actor Salman Khan’s house told the Bombay High Court on Wednesday that the prayer for registration of case against the actor was only a typographical error [Rita Devi v. State of Maharashtra & Ors].
A vacation bench of Justice NR Borkar and Justice Somasekhar Sundaresan recorded this statement in this regard and directed that a correction be carried out in the petition.
The development took place during the hearing of the petition moved by Rita Devi, accused Anuj Thapan’s mother, for a probe by the Central Bureau of Investigation (CBI) into his custodial death.
In the plea filed through advocate Sriram Parakkat, it has been alleged that Thapan was murdered by the Crime Branch of Mumbai Police.
Khan is one of the respondents in the petition seeking transfer of probe to the CBI and registration of FIR against police officers
During the hearing, Senior Advocate Aabad Ponda, appearing for Khan, submitted that while there were no allegations against the actor in the petition, there was a prayer for registration of FIR against him.
On a query by the court, Parakkat submitted there was an apprehension that Khan may be directly or indirectly involved in the investigation as he was the complainant in the matter.
However, Ponda retorted that there were no pleadings in this regard and Khan’s complaint related to the firing was against unknown persons.
It was also submitted that prayer even sought suspension from job which could not be granted against Khan.
After Parakkat conceded that it was typographical error, Ponda requested the court to record this statement.
The vacation bench recorded this statement and posted the matter for hearing in second week of June.
On May 16, a vacation bench of the High Court had directed the Mumbai police to file a status report on the ongoing probe initiated into Thapan’s death.