Gadoli fake encounter: HC rejects PIL seeking FIR against Gurgaon cops

Mar 17, 2016, 06:43 IST | Vinay Dalvi

Petition was filed by Sandeep Gadoli's elder brother Kuldeep, accusing the cops of taking Rs 5 crore from gangster’s rival, Binder Gujjar, to bump him off

The Bombay High Court yesterday dismissed a petition filed by the brother of gangster Sandeep Gadoli, who was shot dead by Gurgaon police at an Andheri hotel on February 7, seeking an FIR against Gurgaon police on murder charges.

Also Read: Andheri shootout: Sandeep Gadoli was shot in the back, reveals SIT probe

Sandeep Gadoli was shot dead in an encounter by Gurgaon cops at an Andheri hotel on February 7
Sandeep Gadoli was shot dead in an encounter by Gurgaon cops at an Andheri hotel on February 7

A division bench of justices RV More and Shalini Phansalkar-Joshi accepted the arguments put forth by Attorney General Mukul Rohatgi that the Haryana police has already filed an FIR in the case and investigation is on to ascertain whether the encounter was fake.

The petition was filed by Sandeep’s elder brother Kuldeep Singh, in which he accused Gurgaon police of murdering Sandeep at the behest of his rival Binder Gujjar, currently lodged in jail, for which the cops received Rs 5 crore from Gujjar. Senior counsel Nitin Pradhan and Tanveer Nizam represented Kuldeep.

Read Story: No justice in sight, Sandeep Gadoli's body and family raise a stink

Dismissing the petition, the bench asked the Special Investigation Team (SIT) formed by the Mumbai police to investigate the claims made by Kuldeep and register an FIR against the Gurgaon police if needed.

Speaking on Kuldeep’s behalf, Pradhan said, “Our claims can’t be investigated based on the FIR filed by Gurgaon police. We have alleged that the encounter was fake, and Section 154 of CrPC states that every one has the right to register an FIR. We want an independent FIR against Gurgaon cops and it should be investigated by the SIT,” said Pradhan. Mukul Rohatgi, alongside senior counsel Aabad Ponda, represented the Gurgaon police.

“We can’t have separate FIRs for separate claims. Everybody will have some or the other allegations and we can’t keep filing FIRs for it. Also, Gurgaon police commissioner can’t be made a party to every matter as a lot of things happen in a commissionerate,” Rohatgi said.

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