has trial court power to direct the police to arrest accused indicated on fir?
Sadanand B. Panchal
(Querist) 16 November 2013
This query is : Resolved
Respected Experts,
The developer cut 18 trees in our compound and another two trees felled without permission of Tree Authority violating Sections 8(5), 21 of the Maharashtra (Urban Areas) Protection & Preservation of Trees Act, 1975. I am original complainant and upon my complaint, the BMC Ward officer lodged compliant before Senior Inspector of Police. The Senior Inspector of Police therefore filed FIR against the developer XX whose name is clearly indicated in the FIR .Officer of the Garden department BMC and I both are Police Witness.
When the criminal complaint hearing was started before the Hon'ble Metropolitan Magistrate Court the Investigation Officer of Police who lodged the FIR knowing very well that the developer XX is only main and responsible person of offence committed in the Case, arrested different person(third person) and produced him before Court by submitting Charge Sheet stating that said third person has committed the offence of tree cut and out of 18 trees no tree were planted and another two trees felled without permission of Tree Authority. It was astonishing that the Hon'ble Court also in the absence of main accused (developer XX whose name reflected in FIR) started evidence of witnesses. First Witness BMC officer completed his evidence and thereafter I was summoned to lead Witness. When I Stood in the Witness box the Hon'ble Magistrate recorded my statement with a pen but no typing clerk was called. After half of my witness matter was adjourned for 20 days. But when I visited the Hon'ble Court, I obtained draft of my statement typed by the typing clerk. I found that my statement was not recorded as what I stated on oath. Therefore very next date I brought notice of the fact before the Hon'ble Court by filing Application and prayed to correct my statement. But the Advocate for the accused (third person) is objecting.
I also brought notice of the Court the fact that the Police did not arrested main accused by writing a letter to the Hon'ble Magistrate, Senior Inspector of Police and Hon. Commissioner of Police but till today no action was done by the Police for arrest of the main accused.
If my evidence over in the absence of the main accused, it might possible that the case will be closed without punishment of the actual accused a developer, XX. My purpose for filing tree fell will not serve.
What exactly I have to do for protection of the Tree Act? I have no money to approach Hon'ble Mumbai High Court for filing Writ Petition. Can I inform the above referred fact before the Hon'ble Chief Justice of Mumbai High Court?
Kindly give me a solution.
Regards,
Sadanand B. Panchal
Akhilesh Kumar
(Expert) 16 November 2013
You may intimate through letter to the Chief Justice of the concerned High court.
You need to confirm first such as:
a) What is the proofs available which makes accused the Developer.
b)What inquiry has been made in this case and what is saying of the charge sheet.
You may also challenge the Charge Sheet before the court where trial is going on or before the High Court under 482 of Cr. Pc.
Sadanand B. Panchal
(Querist) 17 November 2013
Respected Experts,
After obtaining building permit I.O.D., as per condition “NOC from Superintendent of Garden Tree Authority” the developer made application for cutting of trees. The developer appointed Horticulturist for identification of variety of trees and then submitted list of names of trees to be cut and plant. The developer also alongwith application given undertaking to the Tree Authority that after cutting of trees, two trees in lieu of one tree will be planted and that every tree will be planted per every 100 square meter at 15% Recreation Ground area. On upon developer’s written undertaking as per rules of the Maharashtra (Urban Areas) Protection & Preservation of Trees Act, 1975, the Superintendant of garden, Tree Authority had granted Tree Cutting permission in favor of the developer. This was NOC from the Tree Authority the developer submitted to the Building & Proposal Department in order to obtain Commencement Certificate (C.C.). The developer has violated his own undertaking to plant 36 trees in lieu of 18 trees. On the other hand excavated earth, removed it below to the rock and in the vacant potion constructed plinth and basement of tower. No earth to plant a single tree.
I have certified copies of all the above referred documents showing the developer itself is responsible for offence.
Regards,
Sadanand B. Panchal
Sadanand B. Panchal
(Querist) 17 November 2013
Respected Expert Shri Akhilesh Kumar,
Thanks for your advice.
Regards,
Sadanand B.Panchal
Raj Kumar Makkad
(Expert) 17 November 2013
Instead of approaching high court for making complaint, you need to mention the name of the developer as the main accused in your evidence and then shall have to move an application to summon him as an accused in the trial and accordingly the court shall have to follow the due procedure.
Raj Kumar Makkad
(Expert) 17 November 2013
Instead of approaching high court for making complaint, you need to mention the name of the developer as the main accused in your evidence and then shall have to move an application to summon him as an accused in the trial and accordingly the court shall have to follow the due procedure.
Sadanand B. Panchal
(Querist) 19 November 2013
Respected Expert Shri Raj Kumar Makkad,
Thanks for your advice. The advice is very valuable for me.As I have already stated the Hon'ble Court about the name of main accused and also sent written letter to the Court as well as the local Police Station, I am going to make application to summon the main accused.
Regards,
Sadanand B.Panchal
