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The Bombay High Court recently directed the Director General of Police (DGP) to inquire into the manner in which a probe was carried out against a developer from Thane and Palghar districts, who “lured nearly 11, 500 gullible flat purchasers by inducing them to invest their hard-earned money in housing projects.”
The court held that “prima facie a safe inference can be drawn that the police machinery is protecting the accused persons (of Karam Infrastructure Pvt Ltd) for reasons best known to them.”
The court also said that “for obvious reasons, the probe of present crimes is not being conducted diligently” and the same showed “extremely sorry state of affairs of the investigating agencies.”
A division bench of Justice Ajey S Gadkari and Justice Sharmila U Deshmukh last week was hearing plea by Prabhuram Giri and others seeking transfer of probe into three complaints registered at Shahapur police station, Naupada police station in Thane and Saphale police station in Palghar district, to independent or specialised agency.
Advocates Ameeta Kuttikrishnan and Shubhada Khot for the petitioners submitted that as the developer did not give possession of agreed flats or refund of amount along with interest, they are running from pillar to post to get justice for the past several years. The petitioners said the flat purchasers are duped for over Rs 78 crore in a systematic planned manner.
The bench noted that as per records, accused persons have been granted pre-arrest bail in complaint registered with Naupada police station, but no other accused than one Ketan Patel is arrested in other two crimes by police till date, claiming that they are not traceable and are absconding.
The HC said it was ‘flummoxed’ as how it can be said the accused were absconding when they have been protected from arrest in one of the crimes and certain conditions were imposed on them. “Today, the situation has worsened,” the bench noted after the Investigating Officer present in the court was unable to answer questions put by the court. The bench said the IO has not taken any pains in probing the crime of ‘serious nature’ and could not inform the steps taken to attach properties of accused.
“The lackadaisical and pathetic approach of the investigating officers concerned is not appreciated and requires consideration by the highest authority from the police department, ie, the DGP,” the HC added.
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“The conduct of the investigating agency speaks volumes and with great reluctance we have to note that the interest of accused persons is being protected than the interest of victims in the crime,” Justice Gadkari for the bench noted.
Directing the DGP to conduct an inquiry through a senior police officer of commissioner rank, the bench said it was forced to give such directions seeing the “pathetic approach of investigation agencies’ towards present crimes of large magnitudes.”
The court also appointed senior advocate Rajeev Patil as mediator to resolve issues of flat purchasers. Posting further hearing to November 10, the HC asked the probing agencies “to take appropriate steps to ensure that the accused do not leave the country, to flee from the clutches of law.”
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