What is meant by c-summary? what is the status of it in the false final report?
Smt. Parul Shah
(Querist) 13 March 2012
This query is : Resolved
In this matter kindly guide me whether should I (1) give my objections against the final report of the police to the court or (2) file protest petition or (3) ask Hon. Magistrate to give order for re investigation. According to you what is the best option that I should follow and what should I do for that?
What is my position in C-Summary Case? How can I change the game as the final report was based on the defective investigation and I have all evidences to reject the final Defective report of the police.
I need your help, support and co-operation.
Thank you all.
My Special Thanks to Mr. Shonee Kapoor who has always guided me through mail.
Adv.R.P.Chugh
(Expert) 13 March 2012
Dear Ms.Shah,
Your query is rather cryptic - you've not mentioned what the case is all about. But i'd still try answering.
If the investigation is lackadaisical - and the police presents a closure report - the judge is free to, still take cognizance and issue process, however if the judge is not inclined to do the same he is bound to give you an opportunity - and that's where the Protest Petition (Gangadhar Janardhen Mhatre v. State (2006) comes into the scene. Your job would be present the facts in their real light in the protest petition - the judge may :-
i) take cognizance on the police report as it stands - no re-investigation can be ordered in which case - the judge can't ask the police to investigate from a particular angle etc. (190(i)(b) - (Rajesh Talwar v. CBI (2012 SC)
ii) take cognizance on your police report as complaint case u/s 190(i)(a) r/w 200 - in which case it can order investigation u/s 202.
iii) or accept the final report and close the case - in which case you can still - file a complaint case independently.
Smt. Parul Shah
(Querist) 13 March 2012
Sorry, Mr. Bharat Chugh.
I took order u/s 156(3).
My case is U/s 420,465,466,467 and 34 IPC.
I am a Complainant.
The next date is scheduled on 24/4/2012.
What should I do now? Should I wait till Hon. Magistrate take the next step?
Thanks.
Arvind Singh Chauhan
(Expert) 13 March 2012
You should file protest petition. To pray for reinvestigation will go in vain again as police will not change it's version later.
Adv.R.P.Chugh
(Expert) 13 March 2012
You should wait - let's see what the magistrate feels after the C-Summary - in the meanwhile - try collecting whatever you can to bolster up your case.
venkatesh Rao
(Expert) 13 March 2012
File protest petition. Praying for reinvestigation is not advisable as it may meet the same fate. Pray court to record your sworn statement. During sworn statement explain your case and get the documents marked. Also examine witnesses if any. Argue the matter and pray for taking cognisance.
PARTHA P BORBORA
(Expert) 14 March 2012
file a petition seeking re-investigation on the next date fixed.
Smt. Parul Shah
(Querist) 14 March 2012
On the last date on 13/03/2012, my husband represented me as a POA Holder in my case and as he has written a letter to Hon. Magistrate. The part of this letter is as follows
The Final Report of IO and all the Statements of the Accused are false, fabricated, baseless, full of lies, full of false information and misleading. The accused, IO and his seniors misrepresented the facts. Knowing all wrong doings of IO and his seniors this Hon. Court has ignored the facts and evidences to protect the accused, IO and his seniors. How and what this Hon. Court has monitored in the investigation? How this Hon. Court failed to stop and prevent IO and his seniors from conducting totally defective Investigation. There were only and only irregularities in the investigation. False Final Report of IO is an attempt to dilute the matter to cover up the accused. It seems that IO and his seniors were certainly managed by the accused. He has prepared the said False Final Report on the direction of the accused on the basis of 1) False Statements of the Accused 2) False Bail Applications of the Accused in Hon. Session Court 3) wrongly Bails granted by Hon. Session Court on the basis of false, fabricated and baseless Bail Applications of the Accused as they have hidden the facts and they have misrepresented the facts in the Bail Applications 4) wrong Order passed by Hon. Session Court on the basis of false, fabricated, baseless, full of lies, full of false information and misleading Bail Applications of the Accused. 5) On the direction of the accused, IO has purposely and intentionally stated totally wrong interpretation of the Award of Bombay Stock Exchange in his report and 6) There is malicious intention of the accused in her case to get her complaint rejected by managing the Investigating Officer and his Seniors to get False Final Police Report prepared through them so that on the basis of rejection of her complaint, the accused can influence to two other almost similar cases against them in this Hon’ble Court, which are 1) Case No 934/PW/2009 in the case of Smt. Sadhana J. Master and 2) Case No 935/PW/2009 in the case of Mr. Hitendra H. Shah. In these cases Charge-Sheets have been filled in the Court. In her case and two other said cases Police Stations and IO are different. In her case, the Police Station or Jurisdiction was Borivali (East) whereas in other said two cases Police Station or Jurisdiction was Borivali (West).
The accused violated, in each point and at every stage, SEBI Rules, BSE rules, regulations and By Laws, Law of land, Cyber Law, Company Law, Banking Law, RBI and NSDL guidelines. There was conspiracy, collusion, nexus and understanding between all of them.
IO and his seniors have not at all fulfilled their Statutory, Legal and Moral duties and obligations. They have played with her life. They misled Hon. Session Court and Hon this Court. They have misrepresented the facts to both the Courts. IO and his seniors did not provide her complaint and relevant documents to the Hon. Session Court. They hide the facts. According to her Hon. this Court and Senior Police Inspector failed to stop IO and his seniors from wrong doings and fraudulent acts done by IO and his seniors in conducting investigation when she informed it through her letters dated 24/12/2010, 5/2/2011, 12/3/2011, 16/5/2011 and 6/6/2011. The Government and Authorities are responsible for Defective and Inappropriate Final Report by IO and his seniors as there may not be severe laws and rules to punish them on the spot.
As IO, his seniors and Hon. Court are responsible, they or the Government must bear all the cost of Petition of Protest and then all the cost of case till she gets Justice.
I pray for Justice on her behalf.
How do you assess this letter?
Smt. Parul Shah
(Querist) 14 March 2012
The last para of his letter I forgot to mention which I mention as
Investigation is must to be conducted on the IO and his Seniors to find that 1) why and how he dared to prepare False Final Report and submitted to Hon’ble 26th Court? 2) Why he ignored the facts mentioned in the Complaint lodged with the Court? 3) Why IO and his Seniors behaved like they are Laws by themselves? 4) Why IO did not investigate on the basis of the facts in the Complaint? 5) Why he did not investigate at all? 6) Why he did not collect any document required for the facts in the Complaint? 7) Why he did not give to her a copy of FIR and her Statement when it was taken? 8) Why did he call her in the Police Station to change her statement? 9) Who are the persons who are involved to prepare the said False Final Report? 10) Why he did not take the Statement of Mr. Madhu Kannan of BSE? 11) Why he mentioned only the created stories of the accused in his False Final Report? Past Records of the IO and his Seniors must be checked.
The IO did not give her copy of FIR and he also did not give her a copy of her statement which he took even she demanded several times. The IO did not inform her about the Police Report when he presented it in the Court. He did not take her signature on FIR before sending it to the Court along with Police Report. He did not inform her when the accused filled Bail Applications. He did not reply her to clarify why and for what he called her in the police station to change her statement? All these suggest that he was managed by the accused and their advocates.
Shonee Kapoor
(Expert) 14 March 2012
I am in full agreement with Arvind.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
