A cooperative housing society has filed criminal complaint against the Builder Company and its directors in the Magistrate’s court for criminal offence constituted under MOFA and IPC for cheating, criminal breach of trust, misappropriation of funds, coercion, intimidation, non-obtaining of Occupation Certificate from the Municipal Corporation and misguiding the flat buyers to take the possession of the flats stating that he has already applied for OC whereas in reality, he has not even applied for OC even after three years after handing over the possession, refusal to execute conveyance deed, etc.
Complaint has been filed u/ss. 3, 5, 10, 11, 13, 14 of Maharashtra Ownership Flats Act, 1963 and u/ss. 403, 405, 406, 415, 416, 418, 420, 384, 506, 34, 120-A, 120-B of IPC and u/s. 200 of Cr.P.C.
Magistrate passed order u/s. 156(3) of CrPC and directed Police to register FIR, investigate the matter and file report.
As usual, Police were hand in glove with the builder. However, after receiving show cause notice from the magistrate, the Police hurriedly filed charge sheet.
The charge sheet was accompanies with only the statements recorded by the police of office bearers of the Society. The Police did not attach any of the voluminous evidence handed over to them by the Society. The evidence runs into some 300 odd pages.
It is obvious that Police are hand in glove with the Builder.
When this fact was sought to be brought to the notice of the Magistrate, the Magistrate refused to stating that as the case is now the State of Maharashtra case, the Complainant has to come through PP only. PP for reasons best known to him, appears to be a reluctant player.
Police are sold out and they have compromised the investigation. PP appears to be reluctant pleader.
The Society was victimized first by the corrupt builder. The Society appears to be victimized by the ‘criminal justice system’ as it exists. Accused is taking the advantage of his own corrupt manipulation and corrupt police force and is filing discharge application as the charge sheet does not carry any evidence except ‘jababs’ (statements) of the office bearers of society. PP is not forthcoming on this sabotage.
Questions:
1. What is the way out for the Society and how can they bring their own Advocate on record to argue and plead the matter on behalf of the Society?
2. is there any case law that gives right to the victim/original complainant to pead his case through his own private Advocate and not through PP?
