When police produced fake person as accused before the hon'ble court.
Sadanand B. Panchal
(Querist) 05 July 2013
This query is : Resolved
Respected Experts,
Ref: Violation of Section 8(5), 21 of the Maharashtra Protection & Preservation of Trees Act, 1975. Plot under development-the developer obtained the permission from Tree Authority for cutting of 20 trees and thereafter cut the trees but as per Section 8(5) of the Tree Act no tree planted for tree felled within 30 days from the date of cutting. After laps of 3 years no tree planted and tree cannot be planted as the developer removed entire soil for basement of proposed building. Moreover the developer felled another three trees without permission from tree Authority.I lodged a Complaint to the Municipal Corporation as well as Tree Authority. Thereafter the local Ward officer of the Municipal Authority lodged N.C. Complaint to the local Police station. Hence the Police lodged F.I.R. under section 154 of the Cr.P.C.(Sp.Leave Case)against the name of developer where I am the Police witness shown.
My Query:
Sudden the officer from the Police station issued a summons to attend the Hon'ble Court and when I approached to the Court at the morning I found that the Police had arrested the person as an accused and the case is going on the said person who is fake. I do not understand why the Police do not arrested the developer when the Municipal Corporation complained the Police against the developer representing approved Plan showing location of the trees and my complaints.
This query is asked not only for me but also for public who suffering from felling of trees in the state.The developer never punished for felling of trees and no tree planted and developer completes building and go away.
1) Please advice me what to do for bringing notice before the Hon'ble Court to submit truth that developer is always responsible for tree fell if got permission for tree cut? (2) If I am witness of Police can I say the truth before the Hon'ble Court standing in the witness box (I think that the witness has no liberty to say or argue the matter but only answer the questions)
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 05 July 2013
You need to move an application under section 173(8) of criminal procedure code before the trial magistrate and should demand re-investigation of the case through a senior police officer as the actual accused has been left under the garb of his money power.
Rajendra K Goyal
(Expert) 05 July 2013
Well advised by the expert raj kumar makkad ji, nothing more to add.
Sadanand B. Panchal
(Querist) 05 July 2013
Respected Experts,
Matter is on Monday 8th. I have no advocate to move the application as your respected advice. I have encourage to place any application under law before the Hon'ble Court. As I am under litigation of my matter before Hon'ble City Civil Court in person which is a matter of Civil Jurisdiction. I have no experience of criminal Jurisdiction. The developer is always remain back of the matter and he is watching to me. I request you to send draft of application under Section 173(8)of the code of Criminal Procedure. I have two days to take imp decision i.e. Saturday and Sunday.Please help me under public interest.
Raj Kumar Makkad
(Expert) 05 July 2013
No drafts are supplied by experts on this site. You need to take the personal services of any law expert for that purpose.
Sadanand B. Panchal
(Querist) 09 July 2013
Respected Experts,
Yesterday when I obtained a certified copy of some documents of the case i.e. Charge Sheet, Roznama etc. and also taken appointment of the concerned PP, the PP informed me that the Police had fraudulently filed a Charge Sheet against a stranger person to protect the developer from arrest. The PP advice me not to tell the Court that the person shown in the charge sheet is not accused otherwise the matter will be spoiled. PP advised me to file my complaints of illegal tree cutting which were filed before BMC before the Hon'ble Court. The PP further told me that thereafter the PP will apply the Hon'ble Court to add the developer as another accused.
Kindly inform me is this right direction given by the PP. Can I trust the PP?
Regards,
Sadanand B. Panchal
