How to deal with corrupt Police & MM ?

Querist : Anonymous (Querist) 31 July 2010 This query is : Resolved
My office room was broken in and goods worth Rs.80000/- were stolen by the members of the managing committee in January 02. Police deliberately delayed registration of FIR and it took me almost two years to get the FIR registered on 17/12/2003. Investigating officer did not hand over the possession of the room to me saying that I will have to get it through court. The filing of charge sheet was delayed further due to corrupt IO and the case was registered in MMs Court only in 2005. IO did not lodge the keys to the room and there is no mention of retaining of the possession of room and the keys in the MM’s Court.

In spite of having made two applications the MM did not take any interest saying he is not interested. I made a third application after consulting Ex. Justice DR Dhanuka who opined that the police / court had no authority to with hold possession of room after registration of FIR on my complained even if a civil dispute is pending in City Civil Court (I was made a party in this suit of 1998 about illegal rooms occupied by others, to pressurize me to withdraw FIR by way of Chamber Summon in spite of my having opposed this in the court). Even this 3rd application was turned down by the MM who was hand in glove with lawyers of accused persons.

I there fore moved Sessions Court and the Judge accepted my plea and asked the police to hand over room to me. As on date I have the possession of room and the civil suit is also dismissed in the City Civil Court. I lodged a complaint against the MM with High Court and I do not know if any action was taken on it. However a new MM has taken over and he is aware of my complaint against the previous MM and therefore highly biased.

In December 2009 one of the four accused person died and his death certificate was produced in the court. MM asked me as to if I know any thing in the matter to which I said that being a civilian I can not verify the facts about the dead accused person.
The MM then ordered to issue a Warrant and asked police to submit their report which is not yet submitted and on 30/7/10 MM again asked for issuing the Warrant in the matter and on my query retorted that even if takes 5 yrs. He can not proceed with the trial.

I feel matter is deliberately being delayed to harass me as I am 65 yrs. of age and have to fore go my salary due to frequent leaves for attending the court.

In view of this I have following queries for the experts to help me in the matter:

1) How can I make police to submit the report?
2) Can there be more than 1 Warrant as I feel the MM may not have issued any Warrant till last date i.e. 30/7/10 and just killing time.
3) Pl. suggest name of appropriate authority to lodge a complaint as at this rate and the way MM behaves he will dismiss the case due to arrangements with advocate of accused person.
4) The PP in the matter does not take any interest so whom do I approach for such attitude?
5) Will the Govt. appeal if the case is dismissed due to lacuna in laws? If no then what do I do?

Pl. spare your valued time and help.

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Chanchal Nag Chowdhury (Expert) 01 August 2010
Before dealing with your queries, I cannot but express my surprise at the shoddy manner in which U have dealt with the situation. How come U could not lodge FIR for 2 years? There are enough ways & means to lodge FIR in a situation where the police refuse to lodge FIR. What makes U feel that the MM court is the final arbiter?I am sorry to say that U have not shown urgency in pursuing remedies & therefore it is not surprising that the court & the PP have dealt with your case in the manner they have done.
Now, my answer to your queries:-
1) File an application before the HC.
2) By merely checking the records of your case, U will know the position.U need no surmises.
3)The High Court.
4) U can always engage your own Advocate to pursue the case.
5) If the govt. does'nt, U should.

S. Bharath (Expert) 01 August 2010
Though the gravity of the facts you have narrated and your feelings cannot be undermined, I feel that what you are trying to discuss here are very sensitive matters cutting across most part of the criminal justice administration system, namely the Police, the PP, the court and the accused..I would suggest that you discuss such issues with your confidant lawyer; and, pl avoid mentioning the name of your advisers while posting queries, even your adviser may not relish it. Good luck!