Nagpur: In a significant set-back to BJP Corporator and Chairman of Maharashtra Construction Workers Welfare Board Omprakash Munna Yadav, the Nagpur Bench of Bombay High Court, Justice B P Dharmadhikari and Justice A S Chandurkar on August 20, 2016 heard the case of demand for money from the complainant and found that there has been many omissions in the investigation undertaken by the police. The honourable court has hence ordered that the entire investigation into the case be transfer and to hand over all papers to Crime Investigation Department (CID-State), within a period of one week from August 20, 2016. The Court has also directed the Commissioner of Police to submit an affidavit mentioning the investigations undertaken so far into the case.
The Crime Investigation Department (CID-State) was also directed to submit a status report every seven days into the progress made so far into the case.
It could be mentioned that the Criminal Writ Petition No. 706 of 2015 filed by Suryakant @ Suraj Gajanan Lolge versus the State of Maharashtra through Secretary, Department of Home & Others came up for hearing on August 20, 2016.
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The First Information Report (FIR) filed by the applicant dated July 6, 2015, it was pointed out that the amount demanded from him for enabling him to construct boundary wall on his land. The Complainant has also stated that when the accused persons, mentioned therein, learnt about his visit to Police station, they had abused and threatened him. According to the applicant, he has recorded everything and CD of the audio recorded has been supplied along with this FIR. However, till date, the Police Department has not taken cognizance of FIR. The Police Department has also not informed the petitioner that the cognizance of FIR cannot be taken as no offence is made out.
On March 29, 2016, a direction was issued to the respondents by the Court to take voice samples and to analyse the same. This Court has also granted time of three weeks for the said purpose. Through an affidavit, the police Department had claimed that Manoj Yadav and Omprakash Yadav attended the Police station on April 8, 2016 and refused in writing to give their voice samples. They denied to have talked with the applicant at any point of time. The police department has delayed in adhering to its directions.
Therefore the Court finds that a case for immediately transferring the investigation into the complaint is made out. The Court has directed the police department to hand over all papers to Crime Investigation Department (CID-State), within a period of one week from today.
