This is for all the people who are fighting fake cases filed on the name of justice, for the sake of filing 307 case against poor people. below letter is sent to 81 High court judges of Allahabad High Court and to common mail Id provided for Supreme Court using email, and no reply has been received till date. Also attached application written in hindi in the attached file section, sent to District Judge Aligarh.
Respected sirs,
Section 156 (3) Cr.P.C , which exists to empower common man, as our leaders who has written constitution were very much aware about the corruption in Indian society.
After more than 60 years of existence, now same tool is being misused by powerful to grab land, woman, enslave poor people and punish them.
A recent example reported in newspapers recently can be sighted to describe horrific condition of fake cases being imposed on common man, in this specific case to grab land, a group of powerful people fixed case of murder on innocent people with fake evidences, and our respected courts happily done justice by punishing innocent people, below is link from Times of India for same case.
Question arises, whether such incidents are one off or quite common and if common what judicial system has done to stop that. What we noticed that blank applications are being send to SSP office for filing fake cases under 156(3) to fix common man in IPC 307 cases. Also attached application send to district judge, to request for taking action against fake 156(3) filed based on these blank complaints.
Please refer attached image for RTI answer received from SSP Office, Aligarh, UP, India, which is in Hindi. For convenience of respected Judges, I am trying to translate in English.
Question asked using RTI was (Translated in English) attached document name –“RTI Queries_SSP_Office_30_8_2013.
1. “Does SSP office receives lots of applications by registered post, which contain blank paper every month, please provide information if correct”
2. “After receiving such envelopes, does SSP office asks sender to provide reason for sending blank complaint”
Answer received (Translated in English) attached document name – “RTI_Answer_SSP_24_09_2013 P1.JPG” and “RTI_Answer_SSP_24_09_2013 P2.JPG”
1. “Yes, SSP office receives envelope with blank papers inside them, without any document inside, These blank papers, after approval by SSP, deposited in record room”
A shocking revelation by RTI, why someone will send letter to SSP office with blank papers, and after analyzing it become evident that this is done to file fake case under 156/3 under IPC 307 to fix innocent common man for grabbing property, money and woman.
As very basic step, while analyzing 156/3 complaints, judges should ask to produce complaint submitted to SSP office and should ask complainant why blank paper submitted as complaint. This will ensure that people will think thousand times to file fake cases. Why a basic step like this is not following by judges, even if innocent accused requests to validate same, it never gets validated for unknown reasons.
This is even accepted by respected judge in Aligarh session court that “Sending Blank papers for filing case under 156/3 to fix innocent people’’ is common practice,
I would like to state fake case filed under 156/3 for attempt to murder against my father with case number 487/08 in the court of ADJ vii, State of Uttar Pradesh vs. Kanhiya Lal. Besides this, a court case is going between the complainant and my father, where complainant wants to perform illegal construction to grab land of accused (my father)
Request you to refer attached RTI answer “RTI Response SSP_03_02_2012.JPG”, where SSP office told that complaint as claimed by complainant to send to SSP office is never received by SSP office (please remember blank paper received by SSP office). Below are details how 156(3) abused in this particular case
· Doctor did not inform police intentionally, as this incident never happened, and complainants were not having any blood stained cloths.
· A biggest joke and puzzle, Which is troubling me and my father could not receive any answer from judges who were presiding this ,
Ø As per complaint, that incidence happened at 7 PM on 10th April 2007.
Ø Medical report prepared by government doctor contains prescriptttttion written on outpatient department slip, which is prepared till 2 PM afternoon in Malkhan Singh Government Hospital, Aligarh, same is confirmed by doctor in his statement in court, and it is evident from another RTI answer received from government hospital.
Ø Said Medical Certificate dated 10 April 2007 is a fake certificate as DR. A.K Singh was not on duty on 10th April 2007 in the evening at 7.30 PM. His absence can be verified as per RTI answered by Malkhan Singh Government Hospital.
Ø Complainant actually planned to kill my family by around 2 PM, and plan to admit in hospital, and when they did not find any of my family, they choose easiest way, and got fake medical certificate by 7:30 PM.
Ø How much unbelievable it may be, my father is being treated like criminal in court from last 7 years, his business suffered, and his health suffered, My whole family is scared, where to go for justice? Even after bringing same to court notice actual criminal are free and enjoying their life.
Ø Justice did not win in above case, but who won, I leave same to be decided by respected judges.
· Investigating officer prepared charge sheet which is incorrect and as guided by complainant and full of gaps. Why investigating officers are not punished for their incompetent and wrong charge sheet.
Ø IO submitted charge sheet on 08-06-2007 to the court, entry for affidavits, given by complainants was created in GD only on 17-06-2007 and in continuity. Even witness examinations received by IO s makes it clear, where witnesses affidavits submitted to court were falsely created by getting signatures of witnesses on empty stamp papers.
Ø By the order of court on 156(3) complaint on 8-05-2007, IO examined two independent witness, who mentioned Jaswant Singh is hurt(contradictory with complainants who mentioned Balwant Singh and Gurmeet Kaur got hurt), thus without any witness and their affidavit, IO arrested Kanhiya Lal on 24-05-2007 despite the arrest stay provided by High court on 23-05-2007
· Total contradicting statements, complaints and affidavits are given by prosecution witnesses, using such statements and facts no rational person can recreate incidents. Even with these contradicting evidences respected session court judges are doing justice, which if they ask from their own conscience, cannot hold correct.
· We have requested respected judge at Aligarh session court to recall Dr. A.K Singh, based on information received using RTI, which session judge denied for unknown reason, Tyranny of fate is same filed for revision with high court(Application U/s 482 : 14329 of 2013 [Aligarh]), which is yet to be heard for admission by high court after 8 months.
· We have requested to call medical records from Malkhan Singh hospital again denied by Session Judge.
· Motive of complainant, as mentioned in complaint was to come for repair of wall, which was broken, as there is no wall broken, we requested Session judge to visit place, so that lies of complainants can be exposed, same is also denied.
· Application filed under section 227, with various gaps and information received , same is been filed with session judge and that also rejected, this also pending with High Court from last two years(Criminal Revision : 945 of 2012 [Aligarh])
· Revision filed with high court are waiting to be heard for admission from last two yearss
Humble Request: After complaining same to President of India, Vice President of India, Law Minister, Prime minister, nothing has happened till date. This gives me sense that in India justice is not for common man, but I know, this country has honest people at the top, and because of them this country is surviving. This gives me courage to write all you respected people for justice.
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