The Andheri Magistrate court in Mumbai has reserved its order on the criminal complaint filed by Social media influencer Sapna Gill seeking registration of an FIR against Indian cricketer Prithvi Shaw and his friend.
She also sought registration of an FIR against police officials who did not register her FIR of being molested and assaulted by Shaw. Advocate Ali Kaashif Khan, appearing for Gill, argued that Shaw and his friends have molested and abused her, and the Medical proof of the government hospital already disclosed the criminal act as there were “bruises on right arm, and on chest”
He also submitted that medical was taken during her arrest with Oshiwara police after Shaw’s friend filed an alleged false case of rioting and extortion against her.
Sapna Gill was arrested in February along with some others in connection with an alleged attack on Shaw following an argument over clicking selfies at a suburban hotel. She is currently out on bail.
Gill claimed she and her friend Shobhit Thakur are regular patrons of the upmarket club, where the latter spotted Shaw who was partying with his friends and was allegedly drunk. Thakur, a cricket fan, approached Shaw for selfies, but his move was met with “hostility”, the application alleged.
Khan also submitted that Airport Police have blatantly said that they cannot register FIR and that Gill should take permission from the court before they could file an FIR while Police was duty-bound to register FIR on the complaint of a woman. He said that since Police is negligent and therefore it was a fit case for registration of FIR against them under sec 166A of Indian Penal Code. This section deals with public servants disobeying the law, with the intent to cause injury to any person.
Khan also argued that there is no sanction needed by the state or central government or collector under section 197 of the criminal procedure code (CrPC) when the police fail to register cases for crime against women
Lastly, he submitted that FIR should thus be registered against Shaw, his friend Ashish Yadav, Airport police officials.
Magistrate VC Gawai after hearing Khan at length said that the order would be passed on May 26. Section 156(3) of the CrPC empowers a Magistrate to order the registration of an FIR.
Shaw’s complaint was registered at the Oshiwara police station which had arrested five persons for abusing and attacking Shaw and damaging his car on February 15. Their case was that Shaw, and his friends were having dinner at Hotel Sahara Star’s cafe when Gill and her friend Shobhit Thakur after taking a few selfies with him, began to harass him for more photographs.
After being released on bail, Gill claimed that it was Shaw and his friends who had instead abused them and that policemen were not registering their case. However, Gill stated that the incident at the pub had taken place in the jurisdiction of the Airport police but when she had gone to register her FIR against Shaw, the police had refused to register it.