Bombay HC intervenes after police fail to register FIR in caste-based assault case

Navi Mumbai: The Bombay High Court has had to intervene after a food delivery agent's attempts to register a First Information Report (FIR) with the Navi Mumbai police were repeatedly ignored for six months.

Ramsajivan Chotelal Kanojia, 43, a resident of Kalwae, was allegedly kidnapped and severely assaulted by five men in June at Patni Road in Rabale. The attackers reportedly subjected him to casteist slurs during the assault, which stemmed from enmity dating back to 2022.

The accused, identified as Lalchand Saroj, Jayprakash Yadav, Jayprakash Gaud, Vijay Sharma and Pramodkumar Singh, were known to Kanojia, who works as a food delivery agent and belongs to a scheduled caste.

"The five accused had humiliated the victim even in the past for belonging to lower caste and were constantly finding means to harass him, but he kept avoiding them. In June, the five accused intercepted his two-wheeler and forcefully took him in their vehicle, took him to a isolated spot and assaulted him in the most debased manner. He was kicked, hit with a belt and even with an iron rod. His legs and hands were held and one of the accused tried to strangulate him and was abused with casteist slurs," said advocate Tushar Sonawane, who represented Kanojia.

Following the incident, Kanojia reportedly made multiple attempts to file complaints across the Navi Mumbai Police commissionerate, but to no avail. "He filed a complaint via the web portal and then personally made a complaint to the Rabale police station as well as with the commissioner's office, but there was no cognisance taken. Therefore, he finally approached the High Court," Sonawane said.

Kanojia filed a criminal writ petition on November 12, and on November 23, the High Court ordered the police to record his statement and take appropriate action thereafter.

The Rabale police registered an FIR on December 3 under sections 118(1)(2), 352, 110, 189(1), 191(2), 190, 140(4), along with relevant sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

"After the assault, he had gone to his native place in Uttar Pradesh and following his return he directly approached court complaining that his complaint was not taken. We had already conveyed to him that on his return his statement will be taken. The matter is related to atrocity and is being investigated by the Assistant Commissioner of Police," said Balkrishna Sawant, Senior Inspector at Rabale police station. No arrests have been made in the case.