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| Court pulls Police for framing businessman in fake case | | | Avinash Azad
Early Times Report
Jammu, Nov 25: The third Additional Sessions Judge Jammu has reprimanded Domana Police for ignoring the protection orders issued by the court and framing a businessman in a fake case.
Hearing a petition filed by an aggrieved businessman, the court of 3rd Additional Sessions Judge Jammu observed that the investigating officer had deliberately introduced the offence u/s 467 IPC to the credit of applicant Varinder Gupta for the ulterior motive to deprive him from the I benefit of protection order extended by this court in his favour.
“Applicant Varinder Gupta along with Vinod Sharma had earlier moved an application before this court on 18th November 2020 for grant of anticipatory ball and, a protection order was issued by the court in favour of the petitioners”, court read, adding that the petitioners might be admitted to interim ball on their furnishing personal bonds and surety bonds to the tune of Rs. 20,000/ each provided the applicants were not involved in any offence which is punishable with the imprisonment exceeding the terms of seven years or any other offences specifically mentioned in the said order.
“Next date in the case was fixed on 28th November 2020 for calling the report and objections from the prosecution. Before the next date of hearing fixed, applicant Varinder Gupta approached the Police Station Domana on 21th November 2020 with the copy of protection order passed by the court, he was arrested by the SHO Domana while ignoring the order passed by this court. Under the given circumstances, the applicant was forced to move the present application for treating the application for anticipatory ball earlier filed before this court as regular bail”, the court order read, adding that on the presentation of the application, the APP was directed to call the report and also directed SHO Police Station Domana to appear before the court today along with the C.D. file of the case.
“Perusal of police report submitted by SHO Domana reveals that on 17th November 2020, the in-charge Police Post Pouni Chak had entered the report in Daily Diary of Police Post Pouni Chak vide No. 03 Dated 17 November 2020 with the facts that on 17 November 2020 the patrolling party led by in-charge Police Post Pouni Chak was on patrolling duty at Ghaseetpur and they found that JK Stone Crusher owned by Varinder Gupta, the present applicant, which was earlier sealed by the authorities, was under operation and one JC was found to be practice minerals like sand and bajri from the river bed in utter violation of the order passed by the High Court order of 7th November 2016”, the court order read.
“A FIR No. 331/2020 for the offences u/s 420/120 B/379n188/201/166-A IPC was registered at Police Station Domana. The police report further reveals that during the course of investigation, the JCB machine and Dumper were seized on the spot and about ten persons were arrested on the spot, who were found to be working in the said Stone Crusher”, the court order read and added, “All the said persons were enlarged on bail by Ld. CM Jammu. During the investigation, the Supervisor of the stone crusher, Sanjay Jamwal had produced the photo copy of the agreement, executed between Varinder Gupta and Gaytri Project. On the basis of the agreement, the offence u/s 467 IPC was added to the credit of the accused/applicant Varinder Gupta.”
“I just fail to understand how and in what manner the offence of forgery empanelled under section 467 IPC can be made out against the applicant Varinder Gupta when he is admitted to have executed such an agreement with Gaytri Project. It is not the case of the investigating agency that Varinder Gupta had managed to forge the signature of any other person in execution of the said Agreement”, 3rd Additional Sessions Judge Jammu, Sunit Gupta in his order, adding that it appeared that when the applicant Varinder Gupta had managed to get a protection order, the IO had deliberately introduced the offence u/s 467 IPC, for the ulterior motive to deprive the applicant of from the benefit of protection order extended by this court in his favour.
“The applicant is admitted to interim bail till 28th November 2020 subject to furnishing of surety bond to the tune of Rs. 20.000 on his behalf and also subject to the objections from the prosecution. SHO, P/S Domana is directed to release the applicant forthwith after obtaining personal bond of the aforesaid like amount provided, he is not involved in any other case”, the court order read. |
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