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Synopsis

A division bench of the Bombay High Court comprising Justice Sunil B Shukre and Justice MM Sathaye on Thursday issued notice to 11 respondents including Indian Cricketer Prithvi Shaw in a plea filed by social media influencer Sapna Gill in connection with an assault case. 

Advocate Ali Kashif Khan appearing on behalf of Sapna Gill informed the court that the police had not accessed the CCTV footage and the video which was taken outside the pub was being circulated. 

The bench responded to Khan stating that it could not ask the police to investigate in a certain manner.

The division bench said that the only thing that it could do was to issue notice to the respondents and proceeded with the same.

The writ petition was filed before the Bombay High Court seeking direction to quash the FIR registered against Gill on February 17, 2023, at the Oshiwara police station.

The FIR was filed against Gill and others for allegedly assaulting Indian cricketer Prithvi Shaw and his friends outside Hotel Sahara Star in Mumbai's Santacruz.

In her petition, Gill denied the allegations of assault, abuse, and damage to property by Shaw's friend, who is the complainant in the case. She alleged that the complainant, on Shaw's instructions, falsely implicated her in the case to fulfill his "personal vendetta" and "harass and trap" her. She further claimed that Shaw is hand in glove with influential people, and the allegations against her are baseless and vexatious.

"That the Respondent no.2 has approached the police machinery with unclean hands and has levelled baseless and unsubstantiated allegations against the Petitioner by filing a vexatious complaint fraught with lies by misusing laws hand in gloves with influential & powerful people (Mr. Prithvi shaw)." the plea read.

Gill also sought direction to the police to not file any chargesheet against her in the case.

Moreover, she prayed for the initiation of disciplinary proceedings against the investigating officer and senior police inspector of the Oshiwara police station, as well as the police officer from the Airport Road police station, for working "hand in glove" with Shaw and his friends and misusing their authority by invoking "unjustified, serious criminal charges" against her.

She also filed a counter-complaint before the Airport police station alleging that Shaw and his friends had outraged her modesty. She claimed that her statement was recorded in the complaint on February 25, 2023, however, she was later informed that the spot of the incident was outside their jurisdiction, and hence her FIR could not be registered.

Case Title: Sapna Gill vs State of Maharashtra & Ors