Fabricated cases filed u/s 144(2) and 506 / 509 ipc
sunil
(Querist) 17 February 2015
This query is : Resolved
1st week of May 2014, I made (another) police complaint of trespassing when “D” entered in one portion of our rental place by breaking and changing padlocks.
At the time of reporting my written complaint at PS the same IO who handled previous two 144(2) cases informed that there is another 144(2) case (DvsS) been filed by “D” in last week of April 2014 against me (“S”)
A FIR case was registered u/s 448 IPC and after 5 days a Summon u/s 91 was issued and handed over by another IO which I complied within 7 days time with giving relevant documents with a covering letter submitted at PS.
From the police report of 144(2) case (DvsS) filed by the IO in Sep 2014 I came to know that there is a FIR case u/s 506 / 509 IPC filed 2 days after my FIR registered u/s 448 IPC and a charge sheet already submitted in last week of July 2014. The GR case was filed showing me as “absconding” and a warrant is already issued.
After Puja vacation “Recall” procedure completed in last week of Oct 2014.
In the mean time FRT has been filed for FIR registered u/s 448 IPC.
The IO in both FIR cases is same and he NEVER informed for FIR against me as well FRT report filed for my FIR u/s 448 IPC.
Brief History:
I “S” filed a 144(2) (SvsK) complaint in July 2013 against “K” one of my partners, “M” representative of landlords, “D” 3rd party buyer, “T” broker in the deals and “B” another person using our place as godown when one of my partners “K” tried to divide one portion of our rental property for the purpose of "selling" and handing over to “D”.
At the time of submission of Order copy for 144(2) (SvsK) to local PS the officer informed that there is another 144(2) order for a case (NvsS) filed by “K” on behalf of some company named “N” (later disclosed in the Police Report that “K”s wife is proprietor of “N”)
In August 2013 police report was filed for 144(2) (SvsK).
In Oct 2013 police report was filed for 144(2) (NvsS)
Interestingly both the Police Reports are identical and filed by same IO. In the name of inquiry all sorts of lies and contradicting statements were recorded.
I filed a RTI query for 144(2) (NvsS) to know on what grounds / documents IO has filed identical PR when the complainant and respondents are different and having no business relations, the reply says “In course of enquiry, SI, inspected documents produced by the petitioner “K and OP “S” and returned those after inspection. He prepared report based on inspection of documents, local enquiry and interaction with both the parties.”
Since July 2013; time to time I filed complaint letters along with photographs showing vandalism and destruction of my property and belonging as and when incidents happened but no action was taken against my OPs.
I have tried to give all vital information, please indicate if any thing is missing in forming your suggestion(s).
My query is: What options are available to me to save myself and also to expose nexus of my opponents with corrupt authorities?
Thanks
Devajyoti Barman
(Expert) 17 February 2015
The FRT given by police is not final until and unless the court accepts it.
Moreover before consideration of the same by court, you can challenge the same by way of 'Protest Petition'.
So do so asap.
In another case against you first take bail and then fight it on merit.
You can challenge it in quashing also.
Rajendra K Goyal
(Expert) 17 February 2015
Agree with the expert Devajyoti Barman.
ajay sethi
(Expert) 17 February 2015
agree with Mr barman
Dr J C Vashista
(Expert) 18 February 2015
I agree with expert Mr. Devajyoti Barman.
sunil
(Querist) 18 February 2015
Many Thanks for your suggestions.
I have obtained bail in last week of Oct 2014 after completing “Recall” process for the warrant issued in the said case u/s 506 / 509 IPC. Photocopies of FIR, Complaint letter, statements u/s 164 CrPC and statements of witness were handed over in previous date and next date is scheduled in coming month.
But on the other hand for my FIR u/s 448 IPC, IO has filed FRT without any intimation to me. He concealed all information in connection with progress of the investigation as well FIR filed against me by the trespasser to use as a shield and to cover his misdeeds. Another irony is – not finding documents by case No in ACMM court as well. I have no idea when and how this case will progress and will there be any attempt from the court to send me information to present my grievances?
Some details:
In 144(2) cases:
Case (NvsS): Complainant only appeared once and after Police Report never appeared in court.
Case (DvsS): Complainant is not attending after filing of Police Report.
Case (SvsK): No one from the OP’s are attending since last 4 hearings.
What options I have to save me from unnecessary harassment?
T. Kalaiselvan, Advocate
(Expert) 19 February 2015
The complainant need not attend the court on each and every hearing, he can appear only if summoned to depose evidence as witness. For your appearance you will receive a notice from court. If you so eager to know about the case details, you may either visit the court office in person and gather information or engage your lawyer to brief you about the developments.
