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| SHO Samba to register FIR against Municipal official | | | early times report
SAMBA, Sept 9: The Chief Judicial Magistrate Samba Sobha Ram Gandhi after taking coignizance of a complaint filed by a journalist Ms Santosh Khajuria against former Municipal Executive Officer, K G Khajuria, Samba Munciplaity directed the SHO Police concerned to conduct a preliminary inquiry into the complaint and register an FIR if any cognizable offence appears to have been committed.
The Court has further directed that the copy of the order along with copy of the complaint shall be forwarded to the SHO concerned for implementation in letter and spirit and directed the submission of compliance report on or before 8th October 2010. The complaint has been filed through A K Sawhney and Aseem Sawhney Advocates.
The complainant submitted that the accused had committed the offences under sections 166/447/379 RPC prima facie and therefore the present complaint. He gave a brief introduction of the complainant.
The complainant and her family members are peacefully living in the said house and as per the site plan the 4 feet land out of the said plot of 12 marlas was left vacant on the front side of the said premises / house.
That the complainant in order to save the vicinity from pollution, diseases, infection in the rainy season decided to put a small boundary wall and plant trees and plants there. It would be apt to mention that the petitioner raised the construction of boundary wall/ breast wall in the petitioner's own property.
On 5th September 2010 on Sunday at about 1.30- 2.00 PM the respondent/accused along with labourers and some constables trespassed into the property of the complainant and demolished the newly raised boundary wall outside the house.
The grill frames worth Rs 6000/- fixed over the little wall for beauty was also lifted and stolen away by the said accused along with others. The respondents demolished the wall without any Notice and without following the norms laid down under the Control of Building Operations Act or under the Municipal Act.
That no Order of demolition was ever served to the complainant or her mother or any show cause notice was ever served upon the complainant or her mother thereby the accused being a public servant has violated the procedure laid down under the BOCA and the Municipal Act and caused injury to the complainant who had spend money to construct the said breast wall as well as put up the grill on the said wall which is the private land of the complainant's mother.
The process of demolition as well as stealing of the grill frames was done in complete violation to the Rules / law and in violation to the principle of natural justice and therefore the injury was caused to the complainant due to this illegal act of the accused done with a motive to cause injury and loss to the complainant and the family the counsel for the complainant submitted. The act of the accused is colorable exercise of powers and authority vested to him has violated and disobeyed the directions of law with a deliberate intention to cause injury to the complainant, her mother and her family.
The accused has trespassed into the premises/ property of the complainant forcibly damaged the wall and committed theft of the iron grills, under the garb and colour of his powers, thereby tantamounting to offences under the Ranbir Penal Code, submitted the counsel of complainant. |
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