State drops chapter proceedings against biker who rammed into cop
The State Government yesterday informed the Bombay High Court that it would not be pursuing chapter proceedings against Ashaque Ansari (19), who claims to have accidentally crashed into a police officer in August earlier this year.
The constable had jumped in his way to stop him after he broke a signal and was rammed in the process. On October 30, MiD DAY had reported about the High Court demanding an affidavit of the police action that was taken against Ansari and his pillion rider (‘Cop booked bikers for murder for crashing into him’). The court had ordered an investigation into why an FIR was filed by the constable against the biker duo.
On Monday, the prosecution informed the court that proceedings under Section 110 under the CrPC would be dropped. The section deals with taking security from habitual offenders. It was applied shortly after the incident. Advocate Amarendra Mishra said, “The section is meant for habitual offenders, but at the time we got the notice, this case was the only one against my client.”
The division bench of justices AS Oka and SS Shinde also granted liberty to apply before the trial court for discharge. The court further stated that the question of fact whether or not Ansari intentionally collided into the constable would be decided by the trial court.
At an earlier hearing, affidavits from the police had detailed the medical report of injuries sustained by the constable Jayant Kokate. The affidavit contended that the injuries were sustained in the altercation between Ansari and Kokate. However Ansari’s lawyers have argued that they were sustained when Kokate fell.
On August 7, Ansari was riding his uncle’s bike with a friend riding pillion. They broke a yellow light near Filmistan Studios and police constable Jayant Kokate was on duty, standing behind a tree. According to the petition, he suddenly jumped in front of Ansari’s bike in an attempt to stop it but was rammed.
Though Kokate’s senior inspector Ganpat Hande was present, he began assaulting both youths. Kokate lodged a case charging the two boys with attempted murder and for causing grievous hurt to a public servant. The FIR lodged by Kokate says that Ansari refused to stop his motorcycle despite being directed to. He deliberately revved his motorcycle and crashed into Kokate, attempting to murder him.