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Judiciary

Peeing on flight incident: Court sends accused to judicial custody

By LawStreet News Network      08 January, 2023 12:13 AM      0 Comments
Peeing on fight incident: Court sends accused to judicial custody

NEW DELHI: A Delhi court on Saturday sent Shankar Mishra, accused of urinating on a woman co-passenger on an Air India flight, to judicial remand for 14 days, while agreeing to hear his bail plea on January 11.

The court rejected a plea for police remand, saying it can't be done just because there is a public pressure.

A day after of his arrest from Bengaluru, Delhi police produced Mishra before Metropolitan Magistrate Anamika at Patiala House Courts.

Delhi police sought his three days custodial interrogation on the ground that he was to be confronted and identified by Cabin crew members. The prosecutor said two captains and other co-passengers were also to be examined in the matter.

The victim's lawyer contended the offences under which the accused had been arrested were bailable except one.

He said that the crew members of the flight were also responsible for the incident.

During the arguments, the court asked the police why it required his custody.

He is not required for others questioning, TIP (Test Identification Parade). Everything is known? Why his custody is required? Nobody else is to be arrested. No ground of Police Custody, the judge said.

"Police custody is not required for recording the statement of witnesses. They can be interrogated in his absence. Statements can be recorded, the judge added.

The court also noted the accused prima facie did not cooperate in the investigation.

Perusal of records shows that the accused was deliberately avoiding joining of investigation. In order to make further investigation, recording of statements of crew members, recording statements, his custody is not required, the judge said.

As the court sent the accused to 14 days judicial custody, he filed a bail plea.

The court issued notice to the prosecutor on his application and put it for hearing on January 11.

Mishra, accused of urinating on an elderly co-passenger on a Delhi-bound Air India flight from New York on November 26, was also sacked from the post of Vice President of American financial services company Wells Fargo, which called the allegations against him as deeply disturbing.

He was booked under Sections 354 (molestation), 354 (A), 509 (insulting a womans modesty), 510 (misconduct in public by a drunken person), 294 (using obscene words) of the IPC and section 23 of the Aircraft Act for peeing on the woman in the business class of Air India flight.

Police had issued a lookout circular (LOC) against the accused so that he could not fly out of the country.



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