A metropolitan magistrate issued a non-bailable arrest warrant against an assistant commissioner of police (ACP) recently for failing to attend the court on a short notice.

Additional Chief Metropolitan Magistrate K H Holambe-Patil at the 19th court issued the warrant against ACP Manohar J Bhoir (Social Service branch). The branch had failed to execute the warrant issued against Avinashchand Kranjitchand Puri and eight others who were charged by the Social Service branch.

However, while the accused arrived in the court ACP Bhoir was not present. After issuing directions to the ACP to be present the magistrate adjourned the case. Bhoir again failed to appear following which the magistrate issued a non-bailable warrant against the ACP.

However, following a revision application by the state government Additional Sessions Judge Abhay Thipsay granted a stay on the issue of the warrant. The state government submitted that only the investigating officer or officers aswitnesses are required to attend to the day to day conduct of the cases and assist the courts. This rule does not apply to the ACPs, it added.The application further stated that on the day the non-bailable warrant was issued, ACP Bhoir was busy with the security arrangements for the Prime Minister who on a visit to Mumbai and hence could not attend the court at such a short notice.

The state prayed for the cancellation of the warrant on the grounds that the magistrate has erred in law in issuing the order without following the provisions of the CrPC. According to the application the magistrate ought to have given reasons as to why he issued such an `harsh order' or should have inquired with the police as to why the ACP was not present.

Woman held for usurping land

A 49-year-old woman was arrested on Tuesday on charges of trying to usurp prime property worth nearly Rs 1.20 crore in upmarket Bandra (W).Crime branch officials arrested Regina Xavier D'Souza and charged her under sections 406, 420,447, 454, 465 and 471 of the IPC following a complaint filed by the owner of the property Jane D'Souza and her son Ivor on October 5, 1998.

According to Bandra police, Regina was allotted a one-room-kitchen paying guest facility in a five-room bungalow `Anand Kutir' located at Bandra for a rent of Rs 2,000 per month. She moved in on February 14, 1998. Jane D'souza had rented out since she stayed alone and was looking for good company. Her sons Ivor and Nelson were abroad on business.

Soon Regina allegedly gained Jane's confidence by cooking food for her and attending to other household chores. After some time, impressed by her services, Jane allowed Regina to stay free of cost. All was well till Ivor returned from Canada.

Suspecting foul play, Ivor found out that Regina had indeed forged documents to transfer Jane's bungalow in her name. Some fixed deposits and share certificates were allegedly fraudulently also transferred. Investigators put the cost of the bungalow and other valuables at around Rs1.20 crore. Also, gold bangles worth Rs 15,000 were also found missing, according to the police.