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Is judicial magistrate has power to dismiss local police of jurisdiction.

(Querist) 01 January 2016 This query is : Resolved 
Dear Ld Friends

I made a below compliant against the Biased Police Officer who is investigating my matter and arrest was made and fled the accused from police custody on consideration. Is the Magistrate has the powers in any Indian Laws to take action against biased Police Officer of the State.

Case filed before Magistrate as

Complainant name VS State of UP

What the Other relief and how way I may approach to Magistrate court CJM for the removal of the SO from his police job permanently.


Complaint as follows:-


APP. FOR “SUSPENSION & DISMISSAL” OF THE BIASED
GOPAL CHAUHAN (S.O) 9984215021 & 8738991180
OF THANA CIVIL LINES, MUZAFFARNAGAR.

ART. 350 OF THE CONSTITUTION OF INDIA
+ PUBLIC SERVANTS INQURIES ACT 1850
+ S. 7, 10, 11, 12 13, OF - THE PREVENTION OF CORRUPTION ACT 1988.
+ S.4, 9, 11, 15, 28 OF - U.P GOVERNMENT SERVANTS CONDUCT RULES 1956
+ S.34, 109, 119, 120B, 166, 167, 177, 182, 193, 196, 199, 203, 211,213, 217, 218, 219, 500, 506, 511 - INDIAN PENAL CODE 1860.

Resp Sir,
1. That a legal complaint was registered at Thana Civil Lines, Muzaffarnagar at Crime 478/15 of incident dated 31.08.2014 on their General Diary 10.03.2015 under Sec 34, 323, 327, 356, 392, 403, 427, 447, 506 thru Muzaffarngar Magistrate Court orders into which necessary arrest was made on dated 27.12.2015 and I bore private expenses of Rs 10000/- Ten Thousand paid by me Mr KK Agarwal Advocate himself to Gopal Chauhan for journey, Vehicle and eating expenses and other expenses with police team went to Rishikesh, Uttarakhand and one accused living at Saharanpur, but after that arrest at city Rishikesh the accused Anil Kumar and his wife Usha got fled from the legal system adopted by the major corrupt police officers/public servants deputed at Thana Civil Lines, Muzaffarnagar with the criminal conspiracy planned by Gopal Chauhan SO malafide personal ulterior motive who had taken part in investigating the matter for consideration took from accused and used me as a ATM Machine to pay expenses for reaching out to the accuseds at Rishikesh on my Expenses and then make a heavy illicit money amount extract/elicit from the accuseds and make my Solid Case weaken by removing the “non-bailable Sections 327 and 392 removed” himself and gave direct illicit bail in the all sections in Thana Civil Lines himself and turned the case into a simple and normal case of incident and help the accuseds for saving the legal punishment of law. That the sections 327 and 392 IPC were ordered by the magistrate Court and cannot be removed or break out till the Magistrate court not take legal action on the submitted charge sheet. The Arrest was made in all sections including Sec 327 and Sec 392 at Rishikesh but when he took bribe and consideration from the accuseds he himself act as a Magistrate and took advantage of the situation and did illegal act under the Indian Laws for not taking remand application moved by the Arresting Officer before Magistrate. Copy of the FIR 478/15 attached below.

2. That the arrested criminal in night on dated 27-12-2015 were removed from the Police custody of the Thana Civil Lines inside and were stayed at the local Hotel nearer to the Thana Civil Lines at city Muzaffarnagar and in the morning again put back to the Thana Civil Lines for showing that the accuseds were in the police custody. That the whole incident of crime shows that the major police officers are working for just illicit money and supporting Hard core criminals and spreading heinous crime in the society. That these type of police officers are an abuse on the U.P State Police service and will be removed and sack out immediately from their public servant services for saving other peoples life of India.

3. That at the time of Arrest the accuseds Anil Kumar and Usha had beaten me with their relatives Sanjeev Goyal, HariMohan and Meenakshi Goyal etc and accomplice supporter in perpetrated crime at city Rishikesh towards me but the Gopal Chauhan and his police team not stopped any one of it and they did new crime perpetrated against me. That the Gopal Chauhan and his police team with accuseds had ran away with the Private hired Boolaro without me and after that I came alone thru Roadways Bus thru Rookree at my city Muzaffarnagar.

+ PRAYER +
Hence it is humbly request to you kindly suspend immediately the Gopal Chauhan SO and may take further legal action for the complete termination and dismissal of this corrupt and biased Police officer for the UP State Police Service so that in future no further this type of incident may happen to anyone aggrieved and complainant citizen of India in UP State in any cases. The one dirty fish makes all pond dirty and this Gopal Chauhan is the same dirty fish in UP Police service.
Nadeem Qureshi (Expert) 02 January 2016
the magistrate have no power to suspend or terminate the police official.

the magistrate may take cognizance against the police officials u/s 166A of IPC.

it will be better to file a complaint before the government of UP and file complaint before the court u/s 195 of Cr.P.C read with section 200 of Cr.P.C. as private complaint against SO


Feel Free to Call
Adv. Yogen Kakade (Expert) 02 January 2016
I agree with Mr. Qureshi.. It is advisable to file a complaint against SO.
Kumar Krishan Agarwal Advocate (Querist) 02 January 2016
THE Sec 195 Crpc can be used by only public servant or the prosecution (Govt employee) who is investigating the matter against any person where the prosecution has assigned some work by the State public duties.
Rajendra K Goyal (Expert) 05 January 2016
Lodge complaint with the higher police officials and chief minister.
Kumar Krishan Agarwal Advocate (Querist) 05 January 2016
I Did already but no result I got.
T. Kalaiselvan, Advocate (Expert) 09 January 2016
Agreed with expert Mr. Qureshi's views and advise.


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