Should the police required to send the fir enquiry deposition to a/cmm court? apart from fir?
iamprem
(Querist) 07 February 2012
This query is : Resolved
Dear esteemed members,
Q: Should the Police required to send the FIR enquiry written deposition given by the non-accused person name mentioned in the FIR to the A/CMM court?
Note: Police has NOT taken any action on the accused for 2+yrs nor the complaint given CanaraBank worried about that. Whereas i was called for enquiry and gave my written deposition which has not reached the court even after 6+ month.
So what should i do?. Should i have to get that from PS/Court/RTI?. or not to worry , since i gave my deposition?
My new-lawyer says, not to worry.
I feel Police is protecting the accused in collusion with the complaint given CanaraBank.
I do know that every FIR should reach the A/CMM court within 60/90days. What about the subsequent documents?
FIR was filed by CanaraBank in 2009 against its customer under sec.420,468,471.
When i checked after 6months through my new lawyer, Police has given only the FIR to the A/CMM court.
Here is the background,
2003 - Person-A has taken a loan from VijayaBank based on original documents. Which i have cleared it in 2006 and bought the property. Original doc is with me and now with court.
2004 - He has been customer of CanaraBank and by hiding the 2003 mortgage, he deposits photocopies in collusion with CanaraBank managers and availed over draft loan of Rs.6Lac and later defaulted without paying penny.
1/2009 - CanaraBank waited since 2004/6 and files one money recover suit in the court.
1/2009 - CanaraBank also filed one FIR only against its customer under sec.420,468,471.
But unfortunately CanaraBank has mentioned my name as property purchaser from its fraud customer.
Police has not taken any action for 2yr against the accused, but called me for enquiry.
I gave all the proof for bonafide purchase, CanaraBank collusion with its customer and written deposition. My broker who helped me to get the property also was called and they too gave the written deposition.
When i asked copy of my written deposition, Police said, u can get from court or RTI.
After 6month when i tried to get the FIR related documents from A/CMM court, Police has given only the FIR copy and nothing else.
ref:
http://www.lawyersclubindia.com/experts/Can-Law-allow-bank-to-give-loan-based-on-photocopies-of-sale-deed--276246.asp
iamprem
(Querist) 07 February 2012
on feb'2011 i was called by Police for enquiry. ie. 2yr after FIR filed and no action taken against the accused. When i checked it on Aug'2011 at A/CMM court, only FIR has reached the court, not my depositions.
iamprem
(Querist) 07 February 2012
4/2009 is FIR filed by Canarabank to manipulate the court, after filing money recovery suit in 1/2009.
Devajyoti Barman
(Expert) 08 February 2012
The details of statement after completion of investigation is mentioned in charge sheet only.
Before it the court is not regularly briefed unless the Magistrate gives specific direction to Police to brief him regularly about the status or progress of investigation.
If there is no headway after such a long time you can ask for status of investigation though the Magistrate.
V R SHROFF
(Expert) 08 February 2012
"My new-lawyer says, not to worry."
Then why should you worry??
Bank officials committing several fraud, to get their 30% cut, and try to manage
Cases of one and the same property, sold to diff 4 persons, and bank granting Loan. Recovery fails, and solid proof of Bank officials involved in preparing false and fabricated documents , disbursing loan against those documents, and few bank officials suspended for that is a common fact of life.
Your case seems to be one of it's kind, and to avoid action till the officer retire, they are playing hide and see game.
All are involved, and had their CUT,
iamprem
(Querist) 08 February 2012
Hi Devajyoti,
Thanks for the info. Will try to get the status info through Magistrate. Because after 2yr of FIR and my deposition, the Police called the CanaraBank Sr.Mgr (PW-2) to the station and he did agreed it is not my fault.
But from 4/09 to 08/11, there is no further update to the court other than just one FIR copy.
That makes me to believe there is no action taken.
The PS is 0.5km from CanaraBank and 7km from accused home. This is the state of affair of Bangalore Jayanagar Police. And they have been sitting on an FIR for 2.5+yr!. At this rate, why fraud/criminals won't laugh all the way to the bank.
Hi Shroff,
I totally agree with you. Otherwise why fraudulent loan given by then manager-A, was defended by manager-B,C and now manager-D is doing the same in the High Court.
e.g. During PW1 (CanaraBank Sr.Mgr) cross examination, he did mentioned there is one enquiry report against it officer and he will get that from HeadOffice and submit it to the court.
Neither he did that nor my ex-lawyer insisted to submit that despite my reminder. Now i am trying to get the same through RTI and new-lawyer HighCourt route.
My ex-lawyer strongly thought having original document is enough and relied only on the point that, CanaraBank claim of prior mortgage based on photocopies is not a mortgage (especially prior to CanaraBank loan, when there was a 1st charge with another bank based on original papers, from where we have taken over it), so their claim is not tenable. Unfortunately, the lower court Judge ignored the fact, not applied his mind and gave verdict against me, by giving free hand to CanaraBank to screw me and let the fraud go off the hook.
I can't imagine how that can be a job profile in govt bank, where you have to follow-up/responsible for the previous manager mistake?.
When i asked the copy of their internal enquiry report (as informed in the court) from current CanaraBank, Bangalore Sr.Mgr, he gone to the extend arrogantly defending that, "there is no enquiry and hence no report. Even if there is a notice from our management to enquiry the manager, we will consult our Union". (!?!)
What? Bank Union will come to the rescue of criminal employee?. OK, if so, why can't they use the same way to NOT to take the responsibility of its previous colleague mistake?.
That made me to strongly believe that, they are clearly hands-in-glove in fraud activity.
Sad to witness that despite their fat salary and govt job, folks indulge in this kinda activity, ruining innocents persons life, like mine.
Courts also fails to check this kinda elements in the society when the fact presented them is more than enough to nail.
