Thane Police moves High Court for custody of Shinde Sena worker in Pocso case

Thane police have filed an appeal in the Bombay High Court against a sessions court order that denied their request for custody of a Shiv Sena (Eknath Shinde faction) party worker accused of sexually assaulting an 11-year-old girl under the Protection of Children from Sexual Offences (POCSO) Act.
According to the prosecution, the incident occurred on October 11, 2024, when the minor was on her way to tuition. The accused, a 57-year-old leader, allegedly forcefully kissed her on the lips and asked if she liked it. The girl informed her mother, who lodged an FIR with the Thane police.
The accused was arrested the same day and produced before a sessions court on October 12. The prosecution sought four days of police custody to investigate further. However, the court rejected the remand application, citing procedural lapses, particularly the absence of a required checklist justifying the arrest.
“The Investigating Officer (IO) has not produced the checklist to justify the arrest of the accused. No justifiable grounds for arrest are mentioned in the application. Therefore, the arrest of the accused is not justified. Hence, the accused shall be released forthwith,” the court stated.
The victim’s family, through their lawyer Aarti Kalekar, approached the Thane police commissioner’s office, urging the authorities to challenge the decision.
In its appeal, the police argued that the absence of the checklist was a procedural lapse and not sufficient grounds for denying custody. “The checklist is a procedural document to confirm compliance with legal requirements. All necessary investigation papers were already submitted to the court,” the appeal stated.
The case, registered under Sections 74 and 75(1)(i) of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act, involves offences punishable by up to seven years in prison.
The victim’s family, represented by lawyer Aarti Kalekar, had urged the police to appeal the decision. The appeal seeks that the High Court set aside the order of the Thane Sessions Judge and grant custody of the accused for investigation.