Advocate arrested for rape charges released, court declares arrest illegal
Belapur court orders immediate release of advocate Deshmukh, finding his arrest unconstitutional. He claims rape allegations are fabricated to tarnish his reputation.
Navi Mumbai: The Belapur magistrate court on Tuesday ordered immediate release of advocate Ali Kaashif Khan Deshmukh after finding that his arrest was unconstitutional. On Sunday, Deshmukh was arrested by Rabale police from his Santacruz home following a complaint filed by his client’s daughter who levelled allegations of rape, unnatural sex and criminal intimidation against him.
He was produced before the court on Sunday and the police had secured a three-day remand for him. The police sought an extension of his custody on Tuesday by 7 days, but it was rejected by the court on the grounds of failing to meet the mandatory requirements for providing the reasons and grounds of arrest in writing to the accused.
“My detention was completely illegal with no information about the grounds and reasons for arrest given in writing. The entire process was in violation of the July 2024 high court order and therefore the court granted me relief in the form of my immediate release,” said advocate Deshmukh.
Deshmukh said he was representing the complainant and her mother, both his clients, in a rape case against a famous politician. “The matter was settled later and three months ago, the politician warned me that I will face dire consequences. The rape case filed against me is in relation to the threats made by a politician as he managed to turn the client against me.” said advocate Deshmukh.
The entire rape case is stated by the advocate to be totally fabricated to malign him and his reputation.
The complainant claimed that she was raped in the advocate’s car on January 8 after he spiked her cold drink. The crime allegedly took place between 11.40 am. “The day I was accused of raping the complainant, I appeared before the Supreme Court (SC) and after landing in Mumbai, I was working till 10 pm at my office. The car in which the rape is alleged to have taken place was parked outside my office. I travelled to Navi Mumbai in a friend’s vehicle for a dinner invite at an ex-corporator’s house. There is CCTV footage of my presence there till 1.32 am. I will now file an application with the court under section 91 of the Code of Criminal Procedure (CrPC) to procure documentary proof from the Airoli toll naka to prove whether the vehicle used for the crime passed it or not,” the advocate added.
A petition for quashing the FIR and taking appropriate action against the complainant is underway. “I have enough evidence to prove my innocence and it will reveal them in the days to come,” he added.