The Bombay High Court has directed the Khadakpada police in Kalyan to preserve the CCTV footage of December 18 and 19, 2024, from the police station where an FIR was lodged against Akhilesh Shukla, an account manager with the MTDC, and others for allegedly assaulting their neighbour. The dispute took place in the upscale Ajmera Heights Society, Yogi Dham, over incense stick smoke in the common passage.

The court was hearing a petition filed by Dheeraj Deshmukh, brother of the victim, Abhijeet Deshmukh. The petition, filed through Advocate Viresh Purvant, sought a transfer of the investigation to the crime branch, citing misconduct and dereliction of duty by the Khadakpada police. Despite assurances and statements from the injured and society members, the police failed to invoke charges of attempt to murder under the Bharatiya Nyaya Sanhita or apply stringent provisions like the Maharashtra Control of Organised Crime Act (MCOCA), even though some assailants reportedly had criminal antecedents, Purvant said.

The incident occurred on December 18, when Abhijeet Deshmukh attempted to mediate an argument between neighbours – the Shukla family and Kalvikatte family – regarding incense smoke as it was causing health issues to the two-and-half-year old child in the latter’s house. This allegedly enraged Shukla, who, along with 10-15 others, attacked the Deshmukh brothers with iron rods, causing serious injuries. Following the attack, the Deshmukh family approached police, where the assailants allegedly followed them, the plea claimed.

As the police failed to invoke relevant charges, Deshmukh approached senior officials, including the deputy commissioner of police, who instructed the investigating officer to record supplementary statements. However, the charges were still not updated.

The plea accused the station house officer of altering or deleting key statements and failing to take action against 10 absconding accused. While six individuals, including Akhilesh Shukla, his wife Geeta, and others, were arrested, the Deshmukhs alleged deliberate inaction by the police. A seventh accused, Ritik Ashok Kamble, was arrested subsequently.

Geeta Shukla filed a counter-complaint against the Deshmukhs and a neighbour, alleging assault during an argument over incense smoke, which she claimed she had lit as part of daily worship. The smoke reportedly caused breathing issues for her neighbours’ child and elderly mother, escalating tensions in the society.

The Deshmukh petition urged the high court to transfer the investigation to the crime branch, initiate a departmental inquiry against the officers involved, and invoke MCOCA against the accused.

A bench of Justice Revati Mohite-Dere and Neela Gokhale issued notices to the State and other respondents, while directing preservation of the CCTV footage.