Sir,
The background o the incident is as bellow.
I was the witness in a criminal case filed by government of Karnataka relating to the iron ore scam. The accused company (Say A) belonged to a powerful politician of another state. After the CID investigation I was cited as the witness against them in the charge sheet.
The politician filed a criminal complaint in his state against me for cheating, forgery etc though I had no privity of contract with A or its directors/employees for the supply of iron ore. I had contract with a different company (say B) and the politician claimed that money transferred into my account belonged to A. My bank documents did not reveal to the name of the account of the A. When I went through their complaint I found that my letterhead was forged by the company A and the they with help of the bank manager had falsified the account details and transferred the money and took away the money with help of the company officials of B who claimed it was their money when the contract was cancelled. I had returned the money through RTGS.
When I found has my letterhead was forged and officials of A& B company in collusion duped me with the help of the bank manager by transferring the money by falsifying the account of A to buy the illegal iron ore and took away it by during me I lodged a private criminal complaint against Manager, and officials of A&B under 107, 406, 409, 415, 420 r/w 34, 463, 464, 465, 468 and 470, 471, 477A with 120B, In JMFC. The accounts officer of the A was also the accused no. 5 in the case.
The court appointed local DSP as the IO. He did not investigate the case for 2 years and did not even issue the notice to the accused to appear before him.
One night the police from politician’s state arrived in the vehicle of the director of A with the accounts officer. The account officer of A and two local policeman (of my local police station who were not wearing uniform) entered my house and dragged me out and kidnapped me and took me in the vehicle belonging to A after protest from my family. The police of another state were waiting near the vehicle and had not entered my house. My family members raised alarm and the abductors and the police who had planned to take me to their state directly changed the plan and brought me to the local police station.
The DSP whom was investigating the case filed by me against A and others arrived in the police station. I requested him in writing to arrest accounts officer of A who was accused in the case filed by me and told him to detain him because he tried to threaten the complainant and attacked me and my family members with impunity. The police of the another state claimed that they had brought him with them because he was the witness in the case filed by the politician. DSP who was investigating my case took side of the politician and allowed the accounts officer to run away from the police station of my locality with the vehicle used to abduct me. It was video graphed and I have witnesses who saw this.
I had lodged a private complaint against the Dy. SP and four others (including the politician and his accounts officer) in CJM court under IPC sections 201, 217, 357, 506, 441, 447, 444, 442, 339, 307, 120 (B) R/W 149. The FIR was filed by the SHO after 41 days of the court order. The court referred the case to SP and who in turn referred it to another DSP who filed the B report in court stating that it was a false case.
The B summery was filed within 20 days of the investigation. No statement either from me (the complainant) or the witnesses was recorded. The vehicle in the question was not seized. The accused including the politician sent their readymade statement through their advocate. Based on the statement of the accused the B report was filed. No photograph, fingerprint or identity proof was taken by the IO of the case.
The Dy Sp against whom I had filed case had not even mentioned in the case diary of the first case (filed by me) about the arrival of the accounts officer (accused in the first case filed by me) to the police station I understood. I have asked for the copies of the case diary and station house diary under RTI.
Please let me know whether an IO can file B report just because the accused are the politicians and police officers? Can he file B report without recording the statement of the complainant? Can he file it on basis of readymade statement of the accused without summoning the accused who face serious charges under IPC?
I have decided to challenge the B report. But I want to take action against the IO who hurriedly filed the B report (in second case) without following the procedures. What action can take against him? What I have to do to strengthen my case?
Experts please advice.
