10. The Author is not making Categories of True Incidents and False incidents. Reasons are: (1) The duty of Police is to collect evidence and produce the accused/ suspect in the competent Court, and it is up to Judge to decide whether to give Bail, Acquit or Discharge him. (2) Judicial opinion subject to variation, there is long hierarchy of courts and there are suo-moto jurisdiction as well as Appellate jurisdiction to correct wrong orders.
11. When a complaint is received by the Police Station, either through Police Control Room’s Wireless messages (“QST” in Delhi Police Language), or telephonically or direct person visiting to lodge the complaint, that is allotted to the Police Personnels, (or Team of Police Personnels available on duty; depending upon the nature of allegations) and roster of the personnel. It is nothing different than how the Patients are allotted to different Doctors in a Govt Hospital. Normally serious cases like Murder are investigated by the Circle Inspectors, or the Teams led by Circle Inspectors. Like the simplicity of offences, it is given to junior most Police Personnel.
12. Where the Documents will give proof of happening of the incidence, the Police Stations do not hesitate to register the Case immediately. Where only oral evidence is available, and if the witness may make a Statement that, Police Personnel had framed false case against the accused, the Policemen will never touch that case. It is not because they are unhappy about the incident. The reason is, at the time of Trial, the Victim, only eye-witness will either refuse to identify the accused or will even make a false case that, he is witness to the fact that, Policemen had asked bribe from the accused and when not given this false case is framed.
13. How to come out of this fear of Policemen on duty, is given in the Criminal Procedure Code, 1973 itself, immediately after writing about FIRs. That is Section 154 of Cr PC explains FIR. The Sub-sec 3 of this section states that, Supdt of Police to be contacted when the Police Station is not willing to believe the Informant/ Complainant. Please note that, for the mere factum of unwilling to file FIR by Police Station of place xxx, there is no punishments either Administrative or Penal, for those personnels. It is not legislated, how long the Complainant should wait in-front of “Complainant’s desk” of the Local Police Station, to approach the DSP. Even one second delay to attend may be sufficient.
14. In addition to this Sec 154(3) Crl PC, there are new places to complaint: that is Vigilance Branch of the Police Department, Magistrate Courts etc. Some innovative and industrious complainants resort to News Papers, Gheraoing the Police Stations etc. Totally when the Police Personnel are sure that, the witness is not likely to tell that, his evidence is recorded falsely, the Criminal Law will be set into motion.
15. There are various criminals in the society. Some of them may join the Police Department also. If a Complainant will happen to go before him, even the most genuine complaint will be neglected, either after taking bribe or influence of Criminal or because no bribe is paid by the complainant. However, there are many God Fearing and Good Policemen, who refuse to register a case when the Complainant is behaving suspiciously; or when they fear that by registering the complaint, the Victim will be subjected to further harassment to withdraw the complaint, and even Police Protection cannot save the Victim. Thus it is very difficult to distinguish between why a Policeman refuses to register the Case.
16. There is another aspect to this point. Many a Police Stations (or all the Police Stations) do maintain a back-dated Daily Diary (Roznamcha), by many hours. It is because, when an information is received, immediately that need not be entered in the Daily Diary (Roznamcha), unless all the Facts are investigated. Police Station, and each Policemen is capable of having their own Informers (Mukhbir/ Khabari). Police have two wings: normal Policemen who wear uniform and Crime Branch, Special Cell etc who wear only Civil Dress/ Mufti. Besides that, Police Control Room Vehicles are moving around and Wireless operator of Police Stations can easily locate the PCR Van/ Motor Cycle nearest to the place of incidence, to send to that place and get a Report. Again, each area is allotted to Beat Constables, and they may also be on their Beat, they can also be send to that place and get a Report. Thus, even when the Complainant feel that, he is made to wait to waste the time, the Police Machinery must have already commenced Investigations.
17. At many Police Stations, the Police Complaints given by the Litigants/ Informants are not relied to lodge FIRs. The Police Personnel who visit the place of crime will send a “Letter” to the Police Station, relying on that only the FIR will be lodged. The said Letter written by Investigating Officer to the Police Station in which he works is called “Rukka” at Delhi and “ejahar” at Assam. The Information given by the First Informant will be registered in Daily Diary/ Roznamcha and it will be given a DD No., which will be referred to in the FIR.
18. One of the examples of “Policemen on Duty” is, you will find a “Street Hawker”, like Kabadi-waala who purchases scraps, Ice Cream seller etc; in a manner that he is not a threat to any-one, at a place where he is not expected, or where he is not going to get any business for his livelihood. He may be any of the following:- (1) Policeman on Mufti/ Civil Dress doing patrolling or following a criminal. (2) An Ex-petty criminal who got Pardon by the local Circle Inspector, on the condition that, if he will do Patrolling of certain area, to prevent crimes due to isolated area. (3) An Informer of the Police, who also may be an ex-petty criminal who got pardon, who is alerted by the Police to investigate a local crime committed a few minutes ago. However, due to bad luck, it is also possible that, he may be an Informer of local Mafia, doing above similar “duties” for the said Mafia. In other books about Police Duty, you can find a chapter “surveillance”, do not confuse both the Topics. It is not surveillance. It is only an efforts to observe the area by the Local Police.
19. As an Example, one of the reputed legal firms at Delhi (M/s TPS Rathore & Associates), asked the Author to go to Muzaffarnagar, with an Order of NHRC, to get the Bonded Labourers released from Brick Klin. The Policemen at Muzaffar Nagar had been not willing to move even on NHRC Order. In due course, it was felt by me that, the Brick Klin owner himself had been fearing these people and once they stopped work, he wanted them to go away. They were waiting to get rescued through Police, so that they can claim higher compensation. The “bonded labourers” representative told me, even no Policemen are visiting that area. I gave him one suggestion: “Whether more strangers are coming there with water, with an intention to go to latrine in open air, they may be Khabaris of the Police”. He could not deny this suggestion. Thus it was presumed between Advocate and Client that, Muzaffarnagar Police had not discarded those “Bonded Labourer Victims”.
20. In case of Criminal Cases, the First advice can be given to a person who come to draft a Police Complaint is, forget the past and run away from that place. Why this Advice can be given is, the age old proverb: Never stay in water and fight with the crocodile. There is another proverb: Adding insult to injury. Many a times, the Criminal and Accused persons will create more problems to the Victim during his search for justice. Many dirty persons with whome the Victims might have never came across in his life, will come to know the name and address of the Victim from the Accused person, and sincere efforts will be made to do re-conciliation of the matter, to the extent of blaming the victim with over-talk, provoking etc.
21. There is a famous book: “how to win friends and influence people”. In that there is an Advice – To get the best out of an Argument/ difference of opinion, avoid that completely. This applies to large number of criminal cases and normally people follow this advice only. Police Station or Criminal Courts are not going to provide 24 X 7 protection to complainant and his witnesses. Thus, only those who are capable of safeguarding their own welfare and protection till the end of the trial, need to commence the criminal proceedings.
22. Once it is decided that, certain crime need to be got investigated by the police and the efforts which will be initiated by the accused to get the complaint withdrawn can be avoided, the Police Complaint can be made.
23. There is one more point to note. In India, only the Police is permitted by the Law to investigate crimes. It means, the complainant will have to lodge the complaint at the earliest, with the Police Station, and depending upon the time of receipt, who all are on duty, one of them will be given the duty of “Investigation Officer”. As on today, the Accused persons and a large number of Non Govermental Organisations are capable to ensure that, delayed FIR and allotment of cases out of Roster is made nullified, and Investigation re-started from point zero.
24. According to Criminal Procedure Code, 1973; in India, the Private Detectives have no Power to Investigate. Thus, even when you secure all the Evidence with the help of a private Detective, only if the Policeman on duty as IO will be satisfied about existence of a Crime, he will file the Charge Sheet. That is, the Policemen on duty at the Police Station when the crime was reported, and strictly according to roster available on that day.
25. The Police Complaint should be such that, the Policemen should not fear to attend you, that in future you will join with the Criminal/ accused and blame the Police for their sense of duty to attend you.
26. The above notes had been written by the Author, by reading the cases in which the correct accused persons, as charge sheeted by the Police, were convicted. It was an important duty of the Author to write those words above, being when the work is getting done properly, the persons who work are neither remembered, nor thanked. However, a few bad men can bring bad name to the Martyrs of the Police Department. The majority of entire India, including Police Department and Judiciary is God fearing and sincere. However, a few persons in the Police Uniform prefers to misuse the Power they have, which generate fear and hatredness, unfortunately about all the others.
27. It may kindly be remembered that, in the Govt Offices, including Police Department, the Rightly behaving Policeman have no control over the wrongly behaving colleague Policeman. Moreover, the rightly behaving man should fear death from “friendly fire”, if he will interfere in his colleague’s activities. Moreover, each Policeman is expected to interview the Complainant, his witnesses and accused persons from the beginning of the Investigation, and he only know who is an Actor and who is honest. Thus, it will create a lot of unhappiness in the mind of the Rightly behaving Policemen, unless above things were written.
28. Now the Case Law and Specimen Pleadings will be given in this book, in which main emphasis will be given to secure the rights of innocent citizens from the wrongly behaving Policemen
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29. Real Life FIR, 1st specimen against Policemen, in the form of Complaint to Superior officers: 2004 Legal Eagle(Cri) 2410 : 2004 CrLJ 2278 (Bombay). Following Specimen Complaint is about Threatening, illegal confinement, abduction, extortion etc; against Policemen:
29.1. Specimen Complaint against Policemen who behaved like Recovery Agents, about which the Complaint was made by the Victim to the Commissioner of Police, and the High Court directed to consider that complaint u/s 154(3) Cr PC and Register an FIR. The Text of the complaint is copied from 2004 Legal Eagle(Cri) 2410 : 2004 CrLJ 2278 (Bombay), having title aaa Vs. Commissioner of Police for Greater Bombay. From the title of the case and body of the extracted complaint from this Specimen, name of the complainant is removed to avoid embarrassment for him.
29.2. How the bad luck of Mr.aaa began is given in the Judgement which is quoted as follows:- “the petitioner is a practising Chartered Accountant. He came in acquaintance with one K.A. Rashid and Smt. Sitabai Govind Joshi. The petitioner facilitated the said persons to conclude some transaction regarding land. However, later on said K.A. Rashid started blaming the petitioner for the said deal and called upon the petitioner to pay him Rs. 4.50 lakhs. As the petitioner denied his liability to pay that amount, the petitioner was threatened by the said K.A. Rashid and his wife that they would take the assistance of local police officers. … We think it apposite to advert to the relevant extract of the said complaint from paras 7 to para 18, which reads, thus (the Hon’ble High Court of Bombay had quoted the Complainant given by Victim to Superior Officers in the Mumbai Police):-
29.3. "7. On the 14th November 2000, when I was doing auditing of my corporate clients accounts as the last date of filing of income tax returns was approaching fast i.e. 30.11.2000, at around 10.45 a.m. Mr. K.A. Rashid an old friend of mine residing at Lokhandwala Complex, walked in my office, along with two plain clothes police constables from Bandra Police Station and asked me to accompany them to the Bandra Police Station there and then itself, I asked them to sit down and tell me what was all this about. They told me that Mr. Bhargode, API of Bandra Police Station had called me urgently to see him. I told them to proceed to the Police Station and I shall reach there in next ten fifteen minutes as I had to instruct my staff about that day's schedule. They said nothing doing. I will have to come along with them leaving all my work standstill immediately. They took me to Bandra Police Station walking with two Constables on my either side.
29.4. “8. As soon as we reached Bandra Police Station, I was asked to sit on the Bench in Mr. Bhargode's cabin as he was not present. Mr. Rashid sat on the chair opposite Mr. Bhargode's table. In or around ten fifteen minutes, one Mr. Rajesh Kamble entered Mr. Bhargode's cabin in plain clothes and asked me what was the problem of Mr. Rashid with me. He talked to me for about 20-25 minutes threatening me to repay the money which I was supposed to have taken from Mr. Rashid or face dire consequences of C.R. (= Cognizable Offences Report) having filed against me, not only at Bandra Police Station but also ten twelve other fake C.R.s. (= Cognizable Offences Reports) shall be filed in other police stations of Mumbai. I tried to convince him that I had not taken any money from Mr. Rashid but he himself had invested the said money in a plot of land at Sarasole Village Nerul, New Bombay through a friend of mine one Mr.bbb who is a Chartered Accountant having office at Vashi. Mr. Rajesh Kamble kept on abusing me in filthy language and kept on repeating that there are three more complaints filed against me in Bandra Police Station. He also accused me that I am a cheater and had eaten up the money of Mr. Rashid. He insisted that I should return the money of Mr. Rashid who was an NRI earlier, and has lost a large amount of money in the stock market. He also accused me that because of me, Mr. Rashid's relation with his wife and children have been strained and that he might commit suicide and was in a great need of his money.
29.5. “9. After twenty-twenty five minutes, another Police Officer came and sat on the chair of Mr. Bhargode and started abusing me left and right. I could not get his name but surely I will be able to identify him on seeing him in person or his photograph. He also insisted that I have eaten up Mr. Rashid's money and I should be beaten up like other criminals after removing my clothes. He demanded of me to repay Mr. Rashid's money in 24 hours time or else I will be put behind bars.
29.6. “10. Then at around 12-12.15 p.m., Mr. Bhargode walked in his cabin like a big lord and sat on his chair which the previous police officer immediately vacated. As soon as he saw me sitting on the bench in front of his table, he asked my name. I replied to him that I am Mr.aaa and that I have been summoned to your office by Mr. Rashid along with two plain-clothes policemen to see you. He started shouting on me that who told you to sit and angrily ordered me to stand up immediately, I had to stand up as per his wish. He also started abusing me and called me a cheater, a rogue of the society and that at least three to six complaints have been filed against me in the Bandra Police Station. He told me that the policemen of Bandra Police Station as has been observing my activities for the last two three months because of the above Complaints and of Mr. Rashid, who is a thorough gentlemen. He insisted that if I pay up Mr. Rashid's money which he had invested to buy the said plot of land at Sarsole Village, Nerul, New Bombay, I shall be able to go back to my office or otherwise, to the lock-up. On my trying to argue with him that I had not taken the money and that Mr. Rashid had paid the money in the name of the owner of the plot who had sold the same to Mr. Rashid, Mr. Bhargode asked me to go to behind the partition in his office and asked other constables present there to prepare a CR (= Cognizable Offences Report) and take me on remand. One of the Constables started preparing the CR (= Cognizable Offences Report) and asked me various details of myself and my family. On the clause of writing any identification mark, I told that I do not have any such mark on my face, Mr. Rajesh Kamble asked me to remove my shirt for the same.
29.7. “11. In the meanwhile, other police men kept on prompting me that I should seek pardon from Mr. Bhargode and Mr. Rashid and pay up his amount and get rid of all this. I was made to stand for more than 2 hours in front of Mr. Bhargode listening to all their bad words, abuses and threatening statements about my career being ruined. They also threatened me to visit my house at 2.30/3,00 a.m. in the morning and harass and trouble me till the time I pay up Mr. Rashid's money. Mr. Bhargode also took down my office and residence address along with telephone Nos. in his diary. I requested umpteen number of times to Mr. Bhargode to please give me 2/3 months time to use my good offices to convince Mr.bbb /Mr.ccc to resolve Mr. Rashid's plot problem at New Bombay, though. I had no responsibility for the same. I also insisted that the original agreement for the purchase of the said plot was prepared by a renowned advocate Mr. M.T. Thakker of Vashi between Mr. K.A. Rashid as purchaser and Smt. Sitabai Govind Joshi and the same is with Mr. Rashid and that he should go to the court against the seller for not giving him a clear title of the said plot. Whenever I used to open my mouth, I used to get abuses or scolding from any one of the policemen in the cabin and they did not allow me to say my side of the story. Never in my life of 38 years, I have faced such a grave situation and got very nervous and confused. I pleaded with Mr. Rashid also that I will use my good offices to intervene in the matter and see if I could get the problem solved as soon as possible and he being an old friend of mine. I kept on requesting him to tell Mr. Bhargode to stop torturing me. But he also insisted that now the ball is in Mr. Bhargode's court and hence he shall abide by Mr. Bhargode's decision when I told Mr. Bhargode that I shall not be able to pay Mr. Rashid's amount today itself, or within 24 hours, he threatened me with dire consequences including imprisonment and third degree treatment.
29.8. “12. In the meanwhile, other constables got two petty criminals in the back side of Mr. Bhargode's cabin and started beating them miserably. Mr. Bhargode told me that if I do not pay up Mr. Rashid today itself, I shall be treated like other criminals and taken on remand.
29.9. “13. I was carrying my mobile phone with me in the pocket. When I received two or three phone calls on the same, I was not allowed to answer them nor be used to call help/advice from my Advocates.
29.10. “14. At around 1.30 p.m. a person from my staff Mr.ddd came to the police station inquiring about my whereabouts. On seeing him Mr. Rashid told Mr. Bhargode that he has come to help his boss. So Mr. Bhargode asked my man also to come in the cabin and started asking him questions about my business and that I am a big and renowned cheater and that he shall also be jailed along with me.
29.11. “15. My man Mr.ddd was told by Mr. Rashid and Mr. Rajesh Kamble to get my cheque book from the office and come back soon to the police station and I was told to sign the cheques in favour of Mr. Rashid. However, Mr. Rashid was asking for Rs. 13 lakhs as his amount due along with interest etc. On seeing all this type of treatment to a learned person and to a law-abiding citizen of this country, I was forcibly and under threat of being put behind bars, made to issue post-dated cheques of Rs. 4.50 lakhs to Mr. Rashid.
29.12. “16. Mr. Bhargode compelled me to issue cheques of Rs. 4.50 lakhs. I informed him that I. do not have any such amount in my Bank Account. He asked for post-dated cheques. Under the said threat of unlawful imprisonment, torture, man handling, humiliation and intimidating I was compelled to sign five cheques in name of Mr. K.A. Rashid totalling Rs. 4.50 lakhs. Mr. Bhargode asked me to hand over the said post-dated cheques in his presence to Mr. Rashid. He also give me a warning that I should see to it that the said cheques given to the Mr. Rashid clears on the date of issue and to report him about the clearances of the cheques by coming to the Police Station personally. After handing over the cheques and also after receiving some more abuses, I was allowed to go back to my office at around 3.00 p.m.
29.13. “17. In the premises, I had no alternative but to leave all these things and returned to my office. From that day till today, I am still under dreadful fear that if I stop the payment, there will be some attack on me and my family members and I will be implicated in false cases as threatened by the officer and Mr. Rashid. I have informed about this incident to my parents and other relatives and friends but looking to the atrocity with which I have met, they advised me that if I do any complaining against the police, the consequences will be serious. I have been mentally and physically ill and incapable to attend to my work since then. However, now ultimately I have decided that since I have not committed any offence and since I was also not responsible for the loss of money of Mr. Rashid and since I do not owe him any money, I will stop payment on the cheques. The cheques taken by them are in my handwriting and now I have informed the Bank to stop the payment of the said cheques.
29.14. “18. From the events that took place on the 14th November, 2000, it is crystal clear that now the police are acting as recovery agents and they want to recover Rs. 4.50 lakhs from me which is not due from me. The conduct of the Officers kept me under terror for the last one week and that I could not attend to my office or do my clients work. I am also afraid that thereafter I give this complaint to you, there is every likelihood of my arrest in a false case or there is every likelihood that they will prepare a false complaint now of Mr. Rashid and they will involve me in a case under cheating. I also know now that the purpose of all this was to obtain post dated cheques so that I could be prosecuted under Section 138 of to the Negotiable Instruments Act.
29.15. Hon’ble High Court held as follows at para 13: “We would, therefore, confine our decision only to the limited issues which will be required to be adjudicated by this Court in writ jurisdiction. The first question that arises for our consideration is, whether the written complaint as sent by the petitioner to the Commissioner of Police discloses information regarding the commission of any cognizable offence? We have no hesitation in observing that on fair reading of the complaint, relevant portion whereof as extracted above, discloses the information regarding the commission of a cognizable offence”. The High Court directed registering FIR against Police officials who had behaved like Recovery Agents, to do investigation and file Charge Sheet or Closure Report in the Magistrate Court. The only unhappiness is, this case Criminal Writ Petition No. 1647 of 2000, had been decided on 16-1-2004, and during these 3 years, the Victim was compelled to withdraw this Writ Petition, and for that he was even arrested and paraded after making him to wear hand-fetters, on the road. Even with this victory in the High Court, he is not safe. He was duty bound to narrate all the facts to the Investigating Officer, and again in the Magistrate Court where he have to identify those Policemen as accused persons.
29.16. Morale of the Story: Never introduce any of your fraud friend to a dangerous client is the morale. Mr.aaa who is a straight forward Chartered Account had introuduced a dangerous client turned friend to Mr.bbb and Mr.ccc, other Chartered Accountants cum-Property Dealers. After being cheated, only the softest target had been caught to Recover money. Thus the “Specimen” to print in this book had been produced.
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30. Real Life FIR, 2nd specimen against Policemen, in the form of Letter to Chief Justice of Hon’ble High Court of AP: 1997 Legal Eagle(Cri) 2186 : 1997 CrLJ 2581 (AP); having title Mr.aaa versus Commissioner of Police, Hyderabad and Ors. In the Judgement, complete name and address of Victim/ petitioner is written, however the Author hereby conceals the name of the Victim to prevent embarrassment to him. Contrary to the previous Example of FIR against Policemen, it is decided on the same year, that is Writ Petition No. 7752 of 1996, Date of Decision : 01-Aug-1996. Following is another Specimen Complaint about Threatening, illegal confinement, abduction, extortion etc; against Policemen:
30.1. Para 1 of Order in the Writ petition: The instant proceeding under Article 226 of the Constitution of India has been taken up on the basis of a representation (= letter and not an ordinary pleadings) by the petitioner herein Sh.aaa, resident of Bombay, temporarily residing at Secunderabad Club at Secunderabad to the Chief Justice of the Court, which is as follows :-
30.2. "I am the President (= Managing Director of a Business company) of World Investments Ltd., which is a company with International Reputation. I got an offer from JCT Ltd., Phagwara, to be their Indenting Agent in Andhra Pradesh in the name and style of Andhra Associates. The offer came in the Month of June, 1994 after great pursuation from my side. Meanwhile one Mr. A. Gopal Rao approached and requested me to include him as the partner in the said Organisation and offered to pay the Security Deposit to JCT Ltd. and comply with all necessary formalities and manage the Agency on regular basis. As I was due to shift to Bombay in connection with the ma