Mumbai: The Bombay High Court has ordered action against the ACP who lodged an FIR against a 9-year-old child in the country's financial capital Mumbai. While hearing the matter, Justice Revati Mohite Dere and Justice SM Modak expressed surprise about the police registering an FIR against a minor child and said that it is really very shocking and surprising that the police have arrested the child on the words of actor Simran Sachdeva. Registered an FIR against a minor child irrespective of his age.
Earlier this year, an FIR was registered against a 9-year-old boy at Mumbai's Vanrai Police Station and his mother filed a petition for quashing of the FIR. Which was being heard by this bench of judges. Actually, this whole incident is of 27 March 2022, when the child was cycling in the society with his parents at around 7.30 pm. Then his balance was disturbed and he collided with the mother of the actress. In which the mother of the actress got hurt. About a week after this incident, Sachdeva went to Vanrai police station and lodged an FIR against the child.
The police had registered a case against the child under section 338 of IPC. This section deals with an injury to any person or danger to human life caused by negligence or haste by any person. Advocate Sharan Giri, appearing for the petitioner, submitted that the police should have followed the provisions of section 88 of the Indian Penal Code instead of registering an FIR in this case. Any act committed by children above 7 years of age and up to 12 years of age cannot be considered as an offence. Because they do not have enough knowledge to understand the consequences and effects of their actions. The lawyer further said that the child has been badly affected after the case was registered by the police and due to the media coverage. It is clearly clear from the facts that the incident was just an accident, the police should not have initiated any action on the basis of the complaint lodged by Sachdeva.
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