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IN THE HIGH COURT OF JUDICATURE AT MUMBAI
CRIMINAL APPELLATE JURISDICTION
DISTRICT : MUMBAI
Criminal Writ Petition No.: 1529 OF 2008
( filed on 23rd July 2008 )
Indur Kartar Chhugani ….Petitioner
V E R S U S
State of Maharashtra & others ….Respondent
Preci
A. On 29/7/2008, two petitions regarding refusal to register FIR against Police officials are coming up before the full bench ( Cr WP 982/07 and Cr WP 2031/07). This petition is also concerning refusal to register FIR against the Sr Police Inspector, Khar. The duty officer refused to register FIR as the accused is his boss. This petition may kindly be clubbed with these two petitions, for hearing on 29/7/2008.
B. 24/3/2005 ….A false FIR was registered against the petitioner, his wife and son at Khar Police Station. The petitioner was arrested as he refused pay Rs 50,000, demanded by the Khar police.
C. The petitioner had to spend 6 days in jail. And on the 2nd day Rs 50,000 was extorted from the petitioner’s family.
D. October 2005…Petitioner filed Cr WP No 2414 / 05, demanding action against Khar Police Officers. chargesheet was not yet filed.
E. 15th February 2006 … This Hon’ble court admitted the petition and provided interim relief, by staying all proceedings at Khar Police Station in C R 103 / 05. Chargesheet was not yet filed.
F. May 2006 … Even though the High Court had stayed all proceedings, Inexplicably Investigation officer filed Charge sheet in Metropolitan Magistrates Court, 9th Court, Bandra.
G. January 2008 … Petitioner received reply in RTI application from Respondent No 4 Sr Police Inspector, Khar, that Investigation officer Dhatrak was too busy, he did not have time to read court order, so chargesheet was filed inadvertently.
H. January 2008 … Also provided to the petitioner, was copy of the High court order, from which the Signature of the Investigation Officer was erased, to support the false statement. Thus forgery was committed to save the investigation officer, from contempt proceedings.
I. On 14th July 2008, the petitioner, went to the Khar Police station to lodge an FIR for forgery, however the Respondent No 3 who was the duty officer explained, that without permission of Respondent No 4, he will not register the FIR, as the Respondent No 4, who is the accused, is also his boss.
Indur K Chhugani
Petitioner
I K Chhugani
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