Udaipur court lambast police for unfair probe, order action against SHO under section 166 of the IPC
Udaipur : Lambasting the police department for its tainted and prejudiced probe in a case of criminal intimidation and forced registry, an Udaipur court in its order passed on Monday, harshly remarked that after examining the case diary it appears that police has conspired with the criminals to file a negative report over the complaint and overturned its motto “ Aamjan mein vishwas, Apradhiyon mein Bhai” (Belief among public, fear in criminals) and instead is working vice versa. The court also condemned the SP for transferring the case investigation to another police station without a solid ground. “ It appears that police has conspired with the land mafias to benefit them and exploit the poor and illiterate tribal people” the order read.
The order was passed by Mukesh Kumar, the additional civil judge and judicial magistrate here on Monday upon the final hearing over a protest petition. “ We had filed a protest petition against a final report made by the Nai police in a case of forced registry and abduction” said Ajay Sanadhya, the advocate for Bhanwari Gameti, the petitioner. Bhanwari had lodged a complaint with Pratapnagar police station in July 2012, against one Chunnilal, Suresh, Parasram, Devilal, Sohan, Unkarlal and Gopal teli for allegedly forcefully taking away her 70-year-old mother Gendi Bai and executing registry forcefully of a land with a market price of more than 2 crore rupees. The land owners were two minor children Prakash and Pushpa while the land mafias had conspired to make documents entitling Bhanwari Devi as their guardian and empowering her to sell their land. Following an order from the SP office, the case was transferred from pratapnagar to Nai Police station for investigation.
Mahaveer Sharma, the SHO probed in the matter, however, in his report held that lacking evidences against accused, the charges were not proved and hence a final report was submitted before the court. Later the complainant produced a protest petition and after detailed examination of evidences and cross interrogation loopholes in the police investigation were identified. “ Prima facie it appears that the SHO by the method of his investigation has omitted the instructions of the law, hence, intentionally tried to damage the complainant. Hence a cognizance is ordered to be taken against Mahaveer Sharma under section 166 of the IPC for disobeying law” the order said. The court also ordered to reopen the investigation against Chunnilal and others under section 506, 365, 342 and 120-B of the IPC.