Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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V.N.K. MENON (Chairman)     12 January 2020

Cbi investigation

Land grabbing is a lucrative source of police corruption as opined by the Apex Court in some cases. Following is an apt case of meticulous ill-design by Police Personnel. ---------------------------------------------------------------- 1. In 1997, A dilapidated property was taken on lease by Victim from say “R” for running a School. “R” was made a member of Governing Body. Constructions were carried out from-time-to-time as per the requirement by the Victim with the consent of “R” and who was supposed to reimburse the Victim as per the terms of lease. Instead of reimbursing, “R” wanted to sell on cash the property to Victim. In 2008 January, “R” agreed to take fragmented payment for the good cause. Final payment was made in April 2008 and there is proof that “R” purchased stamp papers himself and engrossed documents and notarized after signing by all [ in Lal Dora/ agricultural land area registration was not mandatory till 2011]. Unfortunately “R” died in July 2008 at his home. 2. Heirs [who have criminal background] of R trespassed and threatened Victim with the connivance of Police personnel. Although complaints were made to Police from top to bottom, no action was taken which complaints were destroyed as per RTI information whereas FIR was registered on a complaint by R’s heirs and law was set into motion. Thus equality before law was denied to Victim. {It is significant that the Police personnel who initiated FIR was arrested by CBI on bribery charges in a sting operation in another case}. 3. CORRUPT NEXUS/ LOBBYING: I/O in collaboration with ACP- Bank People- Magistrate against whom there is complaint in another case. The FIR was transferred to EOW alleging land-grabbing at the recommendation of ACP contrary to parameters and operational norms w.r. to limitation of taking up cases of land-grabbing of more than Rs. 2 crores [as per RTI] whereas the subject property is valued at Rs. 15 lakhs as per Circle Rates and location. Unscrupulous I/O link-in the lobby/nexus started his nefarious acts. He clearly fabricated documents with the connivance of Bank people and there is proof that Complainant tampered with witnesses. False charge of absconding: Since victim did not give bribe on demand, Victim was arrested from her workplace /school [whereas FIR is in the school address]on false charges of absconding that too. I/O could not be trapped as he sent his subordinates for taking bribe. Clear Involvement of ACMM - He sent Victim to Judicial Custody alleging forgery and with following audi alteram partem did not examine the mobile location of I/O [when he came for bribe] and contrary to facts on record, i.e. Report of FSL that they could not fix authorship of questioned signature on Victim on evaluation of written specimens of Victim submitted by I/O. In another recent case, a victim recently reacted violently against the said corrupt ACMM. Bail order by ASJ clearly opined that it is a civil case. 4. PRESENT STATUS: charge sheet is filed and is on board trial court. [ As per Apex Court decisions in Indira Jai Singh case, investigation can be done in on-going cases.]. OPINION / COLLECTIVE-WISDOM SOUGHT: I approached LSA in the Supreme Court, to explore the possibility for CBI investigation. They opined that I should file Petition in High Court u/s 482 and if rejected to approach the Apex Court. Query is whom all I make Respondent/Opposite Party. Is it necessary to send copy of the petition to O/P. Any other relevant points which would be helpful, please.


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