Regarding false case registered by the Ludhiana Police
Neeraj Chawla
(Querist) 01 November 2008
This query is : Resolved
DEAR SIR,,
THE UNDERSIGNED IS NATIONAL PRESIDENT OF THE ANTI-CORRUPTION FEDERATION OF INDIA (REGD.). MYSELF NEED TO ASK A QUERY REGARDING A FALSE CASE REGISTERED AGAINST ONE MR. NARESH DHALL WHO DARED TO BROUGHT CORRUPT OFFICIALS BOOKED WITH THE HELP OF C.B.I. AND HIMSELF GOT IMPLICATED IN A FALSE CASE REGISTERED BY THE LUDHIANA POLICE AT P.S. KOTWALI ON THE COMPLAINT OF THE DIVISIONAL MANAGER (OFFICIATING) OF THE SAME NATIONAL INSURANCE COMPANY, KESAR GANJ MANDI BRANCH, LUDHIANA. THE CASE IS AS FOLLOWS:-
IN F.I.R. NO. 81 REGISTERED AT P.S. KOTWALI, LUDHIANA DATED 03-10-2008
U/S 379,419,120B IPC
ALLEGATIONS ALLEGED BY THE COMPLAINANT NATIONAL INSURANCE COMPANY’S DIVISIONAL MANAGER (OFFICIATING) S. JASPAL SINGH
1. THAT ON RECEIPT OF REPORT OF SURVEY BY MITTAL SURVEYORS AS PER THEIR RECOMMENDATION THE DEPARTMENT PROMPTLY COMPLETED ALL FORMALITIES FOR TIMELY DISBURSEMENT OF CLAIM CHEQUE TO NARESH DHALL WHO WAS DULY INFORMED. THAT ON DATED 30-05-2007 COMPLAINANT JASPAL SINGH WAS PRESENT IN HIS ALONGWITH O.P. MALHOTRA DEPUTY MANAGER AND AROUND 4.15 P.M. THE ACCUSED MR. NARESH DHALL CAME ALONGWITH ONE GENTLEMAN AND NARESH DHALL INTRODUCED THE SAID GENTLEMAN AS SENIOR OFFICER OF CBI CHANDIGARH. MR. NARESH DHALL ASKED THE COMPLAINANT THAT THIS CLAIM FILE BE SHOWN TO CBI OFFICER FROM CBI AS HE HAS TO PERUSE THE DOCUMENTS IN CONNECTION WITH INVESTIGATION. THE COMPLAINANT JASPAL SINGH BELEIVING THE SAID GENTLEMAN TO BE THE SENIOR OFFICER OF THE CBI HANDED OVER THE CLAIM FILE DOCUMENTS AS TO ASSIST HIM FOR THR PURPOSE OF THE INVESTIGATION. THAT SO CALLED SENIOR OFFICIAL OF CBI WHILE GOING THROUGH THE CLAIM FILE TOOK OUT THE CLAIM CHEQUE OF RS.6,02,067/= AND LATER ON 6.6.2007 DULY SIGNED CONSENT LETTER OF MR. NARESH DHALL FROM THE CLAIM FILE AND TOLD THAT AS THE MATTER REGARDING THIS CLAIM IS UNDER INVERSTIGATION WITH CBI AS SUCH HE HAS TO DISCUSS WITH SENIOR OFFICIAL OF CBI UPON WHICH CBI OFFICER STARTED CONTACTING HIS SENIOR OFFICIAL ON TELEPHONE AND WHILE TALKING ON PHONE MOVED OUT FROM THE OFFICE OF THE COMPLAINANT WITH CLAIM CHEQUE. NOTEDLY NARESH DHALL KEPT SITTING WITH COMPLAINANT IN THE OFFICE ITSELF AND TOLD JASPAL SINGH THAT WITHOUT THE PERMISSION OF CBI OFFICIALS HE CAN NOT COMPLY WITH ANY FORMALITY AND ASSURED THAT SENIOR OFFICER OF CBI SHALL BE BACK AS SOON AS HE GET NOD FROM HIS SENIOR OFFICIALS HE WILL SIGN THE RECEIPT. BUT AFTER HAVING WAITED FOR NEARLY 2 HOUR THE SENIOR OFFICER OF CBI DID NOT RETURN AND NARESH DHALL TOLD THE COMPLAINANT THAT THE SENIOR OFFICER OF CBI AND HIS TEAM HAS COME FROM CHANDIGARH IN CONNECTION WITH ___________ OTHER RAIDS TO BE CONDUCTED IN LUDHIANA TODAY AND PROMISED TO COMPLETE AND SIGNED THE REST OF FORMALITIES NEXT DAY.
2. THE COMPLAINANT FURTHER ALLEGED THAT NARESH DHALL NEVER RETURNED AND IT WAS REVEALED LATER ON THAT NO OFFICER OF CBI CHANDIGARH WAS DEPUTED BY CBI WITH NARESH DHALL TO SECURE THE DOCUMENTS AND INSPECT THE FILE FOR THE PURPOSE OF INVESTIGATION.
VERSION OF THE ACCUSED MR. NARESH DHALL:
1. IF ON 30-05-2007 ACCUSED MR. NARESH DHALL AND ONE OTHER PERSON (ONLY KNOWN TO HIM) WHO WAS INTRODUCED BY MR. NARESH DHALL AS CBI OFFICER AS THE COMPLAINANT ALLEGED THAT SO CALLED SENIOR OFFICIAL OF CBI WHILE GOING THROUGH THE CLAIM FILE TOOK OUT THE CLAIM CHEQUE OF RS.6,02,067/= WHY THE CONCERNED AUTHORITIES OF NATIONAL INSURANCE COMPANY, KESAR GANJ MANDI BRANCH, LUDHIANA DIDN’T INFORM THE POLICE AUTHORITIES AND PROCEED FOR THE STOP PAYMENT OF CHEQUE. ACTUALLY THE CHEQUE WAS IN FAVOUR OF M/S SHALLY COLLECTION WHOSE PROPRIETOR IS MR. NARESH DHALL ONLY & IT WAS A PAYEE’S A/C CHEQUE. THE COMPLAINANT MR. JASPAL SINGH, DIVISIONAL MANAGER OF THE NATIONAL INSURANCE COMPANY, KESAR GANJ MANDI BRANCH, LUDHIANA SIGNED THE SAME CHEQUE ONLY AT THE TIME WHILE HANDING OVER IT TO THE ACCUSED MR. NARESH DHALL WHO WAS THERE ONLY TO OBTAIN THE CHEQUE AFTER HE GOT THE INFORMATION GIVEN BY MR. JASPAL SINGH, DIVISIONAL MANAGER OF THE NATIONAL INSURANCE COMPANY, KESAR
A. A. JOSE
(Expert) 04 November 2008
DEAR MR.CHAWLA,
FIRST OF KUDOS FOR BOLDLY STANDING UP TO FIGHT AGAINST CORRUPT OFFICIALS. I AM SURE THAT WHAT HAS BEEN HAPPENED TO YOU MIGHT WELL HAVE BEEN ANTICIPATED BY YOU WHEN YOU DECIDED TO UNDERTAKE SUCH A ARDOUS JOURNEY TO NAIL THE CORRUPT. THEREFORE, SUCH FRAME-UPS AGAINIST YOU BE TREATED AS MERE SIDE EFFECTS.
NOW COMING TO YOUR QUESTION AS TO WHETHER THE I.Os CAN BOOKED OR NOT, THE ANSWER ACCORDING TO ME IS DEFINITELY YES, PROVIDED THAT YOU MUST HAVE SUFFICIENT EVIDENCE TO PROVE THEIR FALSEHOOD AND DERELICTION OF DUTY. FURTHER, BEING PUBLIC SERVANTS, THE IOs ENJOY CERTAIN LEGAL PROTECTIONS AND AS SUCH IT WOULD BE IMPERATIVE TO OBTAIN REQUISITE SANCTION TO PROSECUTE THEM UNDER SECTION 197 OF THE CRIMINAL PROCEDURE CODE 1973.
IT WOULD ALSO BE PERTINENT TO STATE THAT FACTS OF YOUR CASE AND THE CHAIN OF EVENTS OF YOUR ACTION AND COUNTERBLASTS BY THE COMPLAINANT WOULD BE SUFFICIENT GROUNDS FOR YOU TO MOVE THE HON'BLE HIGH COURT UNDER SECTION 482 OF THE CR.PROCEDURE CODE FOR QUASHING THE
COMPLAINT, AND YOU MAY CONSIDER SUCH A COURSE OF ACTION ALSO.
WITH BEST WISHES,
A.A.JOSE
