Atrocities case: Police to file closure report against Nawab Malik citing lack of evidence

Mumbai: Mumbai police have informed the Bombay High Court that they have investigated former NCB Zonal Director Sameer Wankhede's Atrocities Act case against senior NCP leader Nawab Malik and decided to file a closure report citing lack of evidence.

Additional public prosecutor S S Kaushik on January 14 informed a division bench of Justices Revati Mohite Dere and Neela Gokhale that after probing into the 2022 case, the police have decided to file a 'C Summary Report'.

A 'C-summary report' is filed in cases where, after investigation, the police come to the conclusion that there is no evidence and the case is neither true nor false.

Once such a report is filed before the concerned trial court, the complainant in the case can challenge the same, and after hearing all parties, the court can either accept or reject the closure report.

Last year, Wankhede filed a petition in the High Court through his counsel, Rajiv Chavan, claiming police inaction on his plaint against former minister Malik under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Wankhede, an additional commissioner in the Directorate General of Taxpayer Services (DGTS) and a member of the Mahar Scheduled Caste, had sought for the case to be transferred to the CBI.

The bench, in its order of January 14, a copy of which was made available on Tuesday, disposed of the petition, noting that in view of the police's statement, nothing survives for consideration.

The court, however, said it was open for Wankhede to take appropriate steps before the appropriate forum in accordance with the law.

"Needless to state, we have not gone into the merits of the petitioner's complaint nor the investigation carried out by the police and as such, all contentions of all parties are kept open," the court said.

In December 2024, the high court told the police to probe the case and bring it to its logical conclusion.

The police had then told the court that two more sections had been included in the case, section 3(1) q and r of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

These sections pertain to giving false or frivolous information to any public servant to cause injury or annoyance and to intentionally insult or intimidate a member of a Scheduled Caste or Scheduled Tribe.

The Indian Revenue Services (IRS) officer had, in August 2022, lodged a complaint with the suburban Goregaon police against Malik under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The complaint alleged that during interviews and on his social media, Malik made defamatory remarks against Wankhede and his family members based on his caste.

The NCP leader has not been arrested in the case, and a chargesheet has not been filed to date.

In his petition filed in the high court, Wankhede claimed the police had not carried out any probe in the case to date and sought for the same to be transferred to the CBI.

The IRS officer also sought for the probe to be monitored by the court.