Ashish (NA) 04 June 2011

I refused bribe to police-A case of stolen heavy JCB machine

I am 60 year old small businessman from madhyapradesh.My JCB machine was stolen on 16october 2010 from ghansore district seoni.Police is not doing any investigation for this case while we have provided very crucial input against the prime suspects.

Full story is that - After few days of incidence we published add on newspaper that we will give prize of 50000 rs to the person who will give us the information of the vehicle.After this advertisement one man called us and told us that he know about my vehicle even he has told all the details of my vehicle means engine no chassis no even the minute details.Then we informed this thing to police but police didn't take any action so we went to meet that guy then he denied to show us that vehicle citing that he don't want to involve in this case and he don't know about this vehicle.We tried all the legal ways to get the truth but he didn't tell us.We went to police and told them all this story and they promised us to take action but nothing happened.I asked the question from the investigation office he told me that he has backing of very powerful person and a minister of MP government and we cann't take against him.

Then since the day of this theft case I am running from pillar to post.I gave them several applications to SP,DSP,IG,DIG,DGP and even I tried right to information act to get information but I didn't get satisfactory answer.everytime I am getting reply that investigation is on.

I bought this vehicle on loan form a nationalized bank and took the insurance of National Insurance.Insurance company has been asking for the Final report for the settlement of the claim from last 4 months even insurance write a letter to police for the same Police denied to give final report stating that investigation is on.As I am not able to pay EMI of the vehicle now as I lost my only livelihood,a interest amount of 15000 to 20000 is keep adding on my principal.And I am getting warning from banks for payment of the loan.So I contacted to police about the same requesting them that if they are not able to get any breakthrough and recover vehicle please issue final report that is required for insurance claim.One of the officer there asked me to pay 30000 as a bribe for this work.I denied and told them that first they are saving criminals and how they can ask me for bribe?How insensitive they are.A old who is requesting them for investigation but they are not doing investigation ,A old man who has given them all the crucial input about the suspect and they didn't take action because he has powerful backing and now they are asking for money.

I am very firm on my decision that I wont give a single penny to these corrupt policemen.I have lived my whole life with self respect.But my home is mortgaged by bank and if I don't pay it they will seize it and I have a family to feed and a daughter who is studying in her final year of engineering I don't know how long I can stay firm among these all pressure.I need help ....As I refused to pay bribe ,police is sitting idle on this case neither trying to trace stolen vehicle nor issuing final report...and the criminal involved in this case has paid a good money to police and criminals have powerful backing so who will fight for a common man like me...How can I feel great about this country and this system.I am very depressed that at this age I have to fight from all these.

Also Police filed FIR under IPC 406 and 380.Insurance expert is saying that its difficult to get insurance claim as FIR has IPC 406.

Please help me.

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12 Replies

Advocate M.Bhadra 04 June 2011

Lodge a complain to the Human Right Commission against the Police Authority with serve a copy to the S.P.and D.G.and also file a writ Petition to the High Court.

james bhatti (Advocate) 04 June 2011

The Human Rights Commission is the proper authority. File a complaint making the bribe-demanding police officer a party and then see how will he be perplexed to investigate the matter and also shall be after you to save his job. Such a crooked and crrupt officer must be punished.

Kiran Kumar (Lawyer) 04 June 2011

What Human rights commission will do in this case?

its a teethless body......

if you know the current position of your vehicle and the police intentionally is not acting for find out the truth or the concerned police officer is demanding bribes then you may trap the erring official in corruption case....

or your may approach HC for proper investigation into the matter and for appropriate directions to the police.

2 Like

Karun (Sr. Officer) 04 June 2011

If the policemen is not doing anything on your filed case, you have to approach HC for proper investigation.

sumana (practice) 04 June 2011

Just approach the high court making the suspected thief as 1st party and the police as the second party as the police is abetting the crime indirectly. And if possible also give a copy to9 the SP, DIG, District MAgistrate , andd also the Chief minister of your sate . See what is the reaction ??

Premdayal Gupta (Law Student) 04 June 2011

Kiran Kumar is right. Human rights in India is a joke. No State Govt. wants to set up Human Rights Courts and appoint Special Public Prosecutor for handling Human Rights Cases. Every State Govt. is as afraid as the present Central Govt. is on the demand of Baba Ramdeo of providing death penalty in law for corruption. The Central Govt. is afraid that provision of death penalty may result in mass executions as, otherwise, how so many lakhs of Crores of Rupees could have been stashed out of India. The State Govts. are afraid that setting up of Human Rights Court may result in mass dismissals of Police personnel. Interestingly, the Central Govt. shall keep mum untill some other Baba raises this issue when, probably, the whole Cabinet may go to meet that Baba and assure him that the Govt. is already seized of the matter! Mera Bharat Mahan!

2 Like

(Guest)

i'm sorry you have to endure all this because of corrupt police officers...i really hope your machine is recovered. Sad that law-abiding people are suffering at hands of police. It seems the whole govt machinery is on the side of wrong doer.

1 Like

james bhatti (Advocate) 08 June 2011

Can you call one as "MOTHER" who is teasing her children, denying justice to them? I am a lawyer, still I am sick of the powers conferred to the police. The real government is actually, the police. They are no executive they are the RULERS. I am depressed even with the hearing the word POLICE.

The most disgusting thing is that all the police are illitrate and they tease, give bad names to even literate persons. They make the people criminals. No body is born-criminal.

1 Like

Sudhir Kumar, Advocate (Advocate) 27 November 2011

When bribe was demanded you should have better got the demander arrrested by following procedure instead of making him alert. Thuis ws th solution.

Kumar Doab (FIN) 30 November 2011

Mr. Kiran Kumar and Mr. Sudhir kumar are right in their forthright advice. You have to take some steps.

sonali (xxxxxxx) 17 July 2012

Hi,

In my opinion, some action has to be taken. Like in a still pond water a stone has to be thrown to create ripples.

If possible purchase a hidden camera for Rupees 5000/- and record the face and voice of the corrupt police official asking or demanding bribe and then show the footage to all news media channels. Keep the video copy as evidence under the information technology act and show it to high court and human rights comission also.

Similalry if local police and even state DGP are not taking action then you should -

1) Move to high court and file a complaint against suspected criminal, state govt, local police.

2) File a complaint in state Lokayukta of madhya pradesh.

3) File a complaint in state human rights comission of madhya pradesh.

4) File a complaint in economic offences wing of the govt of madhya pradesh.

5) File a complaint to the state minister of home department against the corrupt police official, and show them the video footage of hidden camera.

Thanks

Sudhir Kumar, Advocate (Advocate) 17 July 2012

Your questions now are :-

1) Move to high court and file a complaint against suspected criminal, state govt, local police.

Ans : Yes. You can file writ mandamus which is calling a public official to do his duty. Such writ can also be filed against Lokayukta if he take no action on your complaint

2) File a complaint in state Lokayukta of madhya pradesh.

Ans : Yes.

3) File a complaint in state human rights comission of madhya pradesh.

Ans : Yes. You can waste stationary and postage on this.

4) File a complaint in economic offences wing of the govt of madhya pradesh.

Ans : Yes. You can waste stationary. You have lost chances to get him trapped by Lokayukta Police.

5) File a complaint to the state minister of home department against the corrupt police official, and show them the video footage of hidden camera.

Ans : Yes. You can waste stationary. I believe you have already done so.