Fabrication of docs. by i/o &acmm avoids audi altrem partem

V.N.K. MENON (Querist) 26 May 2018 This query is : Resolved
SHALL BE GRATEFUL TO EXPERTS FOR WISDOM, I AM PLANNING TO PRACTICE FROM AUGUST.

NECESSARY HISTORY OF THE MATTER
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My wife had purchased a property {in agricultural land area/ Lal Dora area where regn. was not mandatory in Delhi} by way of GPA/Affidavit etc. for running a school. The owner died before registering the transaction. He was a member of governing body of the school. His heirs, after his death, alleged forgery of documents and by influencing the police filed FIR.
(1) The FIR was transferred to Economic Offence Wing [EOW] with the label of land-grabbing whereas my wife has been in possession of the property. [The I/O was later arrested in graft cases in a sting operation by a channel in some other case].
(2) EOW took up case contrary to parameters and guidelines. There is RTI reply from Police HQ that EOW takes up cases of more than 2 crores. The property admittedly of 80-90 lakhs value [ as per case diary] and according to circle rates declared at that time by Delhi Govt. it is about 30 lakhs.
(3) The documents (as Questioned Documents) were sent by I/O to FSL alongwith some manufactured documents including specimen writing of my wife.
(4) About Standard Documents [i/o’s forgery]:
(i) Though Lease Deed admitted as genuine by heirs [ wife of diseased by way of affidavit] of late owner was seized from them by I/O was never sent to sent to FSL as a Standard Document.
(ii) The heir had admitted in deposition that her husband had no bank account.
(iii) Whereas I/O presented some cheques purportedly made by diseased alongwith specimen signature card, and it is judicially noticeable that the signature on the card grossly differs from signature on the cheque and bank made mockery of specimen signature card system.
(iv) According to Forensic rules only similar class of docs can be compared: “Bob cannot be compared with jack”. “Comparison can only be apple-to-apple”.
(5) I/O before filing charge sheet arrested my wife from school on the charges of absconding since he allegedly could not find her at residence during school hours.
(6) Without presenting the court the FSL report he in connivance with ACMM remanded her to Judicial custody saying that FSL report has confirmed forgery which is false. Request for location of mobilephone of I/O was ignored by ACMM. Principle of audi alterm partem was given a go-by. After about four days, she was released by the order of Sessions remarking that the matter is of a civil nature.
(7) Afterwards only, charge sheet was presented alongwith FSL report. The charge sheet and FSL report clearly exonerated my wife in terms: “ it is not possible to fix authorship” of Questioned Documents on my wife.

QUERY
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[Matter has not reached finality in trial court]
(1) Can I approach Supreme Court as spouse u/A-32 COI for infringement of fundamental rights and for taking action against I/O and ACMM? Guidance shall be highly appreciated.
(2) Who should be made opposite parties:
(i) whether I/O and Police Commissioner.
(ii) How can I make ACMM as party, what is the rule.
(iii) Is there any limitation in filing SLP . As there is a case law that order obtained by fraud can be challenged at any time to bring culprits to book.

thank you once again.

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P. Venu (Expert) 27 May 2018
No definite suggestion is possible given the facts involved, unless the documents are perused. Anyhow, there is no need to rush to Supreme Court (not through a SLP, but through a WP under Article 32), but the High Could be approached under Section 482 CrPC.