Overview
- Justices Ajey Gadkari and R.R. Bhonsale permitted the petitioner to withdraw the plea and granted liberty to file a private complaint before a metropolitan magistrate.
- The court said the annexed document was merely a letter, not a complaint under Section 154(3) of the CrPC, and emphasized exhausting statutory remedies.
- The bench refused to convert the matter into a public interest litigation, finding it did not meet the threshold for public interest.
- The plea had sought FIRs against policemen and transfer of the probe from the Mumbai Police Crime Branch to the CBI, alleging a fake encounter and political influence.
- Rohit Arya was shot dead during an October 30 rescue at a Mumbai studio after he allegedly held 17 children and two adults hostage and fired at police with an air gun.