Started by sachin464 at 9:17 p.m. on 20 Nov. 08
Started by sachin464 at 9:07 p.m. on 20 Nov. 08
Sir:
With due respect I beg to draw your kind attention to the following facts:
That I married Smt. Kanchan Gupta, D/O. Late Kesho Prasad of 3, Municipal Building, “X” Block, Motor Stand, Darjeeling, Post Office & District Darjeeling in the State of West Bengal, in the year 1999 according to Hindu rites and customs. After the said marriage one daughter namely Neharika Gupta was born in the year 2000 out of our lawful wedlock. That since our marriage my wife was quite indifferent and negligent to performing her part of matrimonial obligation towards me and to my family members. In the year 2001 she left my house without my consent and started living in her father’s house at Darjeeling. I tried to bring her back to my house, but all attempts were in vain. Thereafter being disgusted when I made up my mind to file a suit for judicial separation, knowing this she came back to my house in the month of February, 2004 with my baby.
I cordially accepted her and my daughter and asked her to lead a peaceful conjugal life, but within very short time I noticed that her movement is indifferent. She has come only to take my property but not to live with me as husband and wife. She used to quarrel with me daily on every petty thing, regarding this matter number of family meetings were held in Kalimpong. A meeting was also held at Shri Golyan Lepha’s residence, present M.L.A., where she declared that she no longer wants to stay with me and she demanded a huge amount of money as Alumni which was out of my reach and capacity to provide her with, so the meeting was dissolved and it was decided both the parties should go to the court and what ever the court says that will apply.
Thereafter she approached woman cell in Darjeeling and in the month of July 2007, after meeting held in Woman Cell Darjeeling, we again started to live together. But within one month she started to show her atrocities and on 22nd August 2007, she left our matrimonial home in kalimpong and went to her mother’s house to stay there.
There After in the month of September 2007 I filed a suit for Divorce which is still pending in the court of District Judge, Darjeeling.
Then on 2nd August she approached the political party to settle our matrimonial dispute outside court, a meeting was held on 6th August 28, 2008 at the leader's Office at Darjeeling,
It is very Pertinent to mention here that we have got our ancestral house at Siliguri where my widowed mother, brother and sister are living together in the same house at siliguri at Rishi Aurobindo Road, hakimpara, Siliguri, P.O. And P.S. Siliguri, Dist. Darjeeling.
That after the said amicable settlement we came to Siliguri to live there with our family members.
But From Day one her attitudes have not changed and same as before.
Today the 28th of august 2008, she suddenly left for Darjeeling with her nephew, Bajrang, who arrived yesterday night suddenly, without informing or taking permission from me. On enquiry she told that her lawyer had called her to Darjeeling regarding our matrimonial suit, so it was important for her to go. She has taken all of her belongings and clothes with her.
On 29th August 2008 she filed a written objection in the court.
On 6.10.08 she and her cousin brother with the help of some anti socials and notorious people forcefully entered my medical shop in kalimpong and took over the business, cash, stock and the building. My estranged wife also fired my manager from work. Now i do not have any source of income and i'am in total loss and desperate condition. More so over she has stoped payments of the suppliers and now the suppliers are pressurising me for payment.
As my case is in darjeeling court and it is not safe for me to go to darjeeling and no lawyer wants to take up my case in darjeeling so i have applied for transfer of case to siliguri at high court , Kolkata.
Started by Anonymous User at 3:12 p.m. on 25 Oct. 08
Started by Anonymous User at 5:44 p.m. on 12 Oct. 08
Started by gopelalwani at 11:28 p.m. on 11 Oct. 08
Truth has an uncanny habit of surfacing.
Somewhere between the lines of the written statements in the complaint, written
Police-Remand-Custody application by the Assistant Inspector of Police and within the
proceedings and court orders issued by the Metropolitan Magistrate and executed by the
police, Oasis of truth can be found. There is no need for any additional documents, supporting
evidence or witnesses to prove conspiracy, Criminal Intimidation and corruption.
Fake, false and fraudulent complaint was registered by Nagpada Police Station
Mumbai vide FIR No. 405/02 dated 31.12.2002 without having Territorial Jurisdiction,
as per section 170 and 177 Indian Penal Code 1860 and section 188 Code of criminal
Procedure 1973 read with section 4 Indian Penal Code1860.
A written complaint was filed on 10.12.2002 by Ms. Lavina Chatur Kripalani, herself a lawyer
admitted to practise in Bombay High Court and received by Mr. Tanaji Surudkar, Assistant
Inspector of Police Nagpada Police Station. First Information Report (under Section 154 Cr.
P.C. bearing Serial No. 956416) was registered by Mr. Tanaji Surudkar on 31.12.2002 vide
FIR No. 405/02 under Section 498(A), 406, 34 of I.P.C. read with Section 4 of Dowry Prohibition
Act 1961.
1. The Place of Occurrence of Offence, direction and distance from Police Station has been
shown within 1 km. and Beat No. 1 at Serial 5 of the FIR No.405/02, in spite of the fact that
no part of cause of action arose within the Jurisdiction of Nagpada Police Station under
section 177 of criminal procedure code 1973. Simple reading of the complaint and FIR
explains that, no crime was alleged to have taken place within the territorial Jurisdiction of
Nagpada Police Station. No Place of Occurrence of Offence or Crime within the Jurisdiction
of Nagpada Police Station has been reported in the FIR, except that complainant resided within
the Jurisdiction of Nagpada Police Station at the time of filing the written complaint.
2. The parties never married within the territorial Jurisdiction of Nagpada Police Station.
The parties never visited or resided together within the territorial Jurisdiction of Nagpada
Police Station before their marriage nor after their marriage. Marriage with USA citizen
was solemnised in USA. Matrimonial home was in USA. The alleged crime of Cruelty was
allegedly committed in USA. No investigation was needed to come to the conclusion that part
of crime was committed within the territorial Jurisdiction of Nagpada Police Station.
3. The Address of occurrence of Offence has been shown at New Neelam Building 1st Floor
Yari Road, Versova Mumbai and New York City America. This explains that, no crime was
alleged to have taken place within the territorial Jurisdiction of Nagpada Police Station.
4. The Passport Number of the Complainant has not been entered as required at serial 6 of
the FIR. No. 405/02, in-spite of the fact that the Complainant was holding Indian Passport,
and had travelled to USA.
5. The Reasons for delay of five months in reporting by the Complainant have not been recorded
as required at serial 8 of the FIR No. 405/02 nor the reasons for delay in reporting the matter
to the Police have been shown in the written complaint filed by the complainant.
6. Particulars of properties stolen/ involved have not been shown as required at serial 9 of the
FIR No. 405/02 in-spite of offence registered under section 406 I.P.C.
7. Total value of properties stolen/ involved have not been shown as required at serial 10 of the
FIR No. 405/02 in-spite of the offence registered under section 406 I.P.C.
8. The copies of FIR and Complaint were not dispatched to the Court of Jurisdiction as
required by serial 15 of the FIR No. 405/02.
9. No enquiry, verification, scrutiny or investigation was carried out by Mr. Tanaji Surudkar,
Assistant Inspector of Nagpada Police Station as required under Section 156(1) of the
Criminal Procedure Code 1973, after or before registering the FIR.
10. The Passport of the Complainant was not verified to corroborate what the complaintant. had
stated in the written coplaint.
When an information is lodged at the police station and an offence is registered, then the complaint
would be of secondary importance. The material and evidence collected during the investigation by the
police is important. FIR is not an encyclopedia of facts. The police must bonafide be satisfied that the
complaint is true. This is contained under Section 154 of Cr.PC according to which a case is to be
registered. The entire and complete facts are to be collected by the investigating agency before
taking action. The Police officer dealing with the FIR did not determined the Territorial Jurisdiction
in respect of alleged offences made out in the complaint. The Police Officer Violated Section 170 and
177 Criminal Procedure Code 1973 and Mr. Tanaji Surudkar Illegally proceeded with the matter.
The Complaint recorded on 10.12.2002 was treated as offences and annexed to the FIR.
The non bailable arrest warrants were issued by Mr. Tanaji Surudkar against all the members
of the family named in the complaint and Look-out-Notice (LOC)was issued and posted at the
Air port. The section 170 Criminal .Pr.Code 1973 specifically provides that if crime was not
committed within the territorial jurisdiction of Police Station, that FIR can be forwarded to the
Police Station stating having jurisdiction over the area in which crime was committed.
The law is that police can register an FIR of commission of a cognisable crime ,but after
registration of FIR, if on scrutiny or investigation, it is found that crime was not committed
within the jurisdiction of that Police Station but was committed within the jurisdiction of some
other Police Station, the FIR should be transferred to that Police Station. However, if at the time
of registration of FIR itself, it is apparent on the face of it that crime was committed outside the
jurisdiction of the Police Station, the Police after registration of FIR should transfer the FIR
to that Police Station for investigation. Normally a 'Zero' FIR is registered by Police in such cases.
My wife age 70 years medically and physically challenged accompanied by my son due to her medical
conditions, both USA citizens were detained by Mumbai Airport Police unaware on 29.06. 2003, while
boarding the scheduled flight for returning to USA after a short visit to India to meet ailing mother, in
Violation of Section of 4 of Indian Penal Code 1860 r/w Section 188 Criminal Pr. Code 1973 of India.
Nagpada Police Station was informed accordingly by Airport Police and Mr Tanaji Surudkar Assistant
Inspector came to arrest the accused and seized their USA passports.
The accused were brought to Nagpada Police Station and they were informed that that:
Ms. Lavina Chatur Kripalani had preferred a Written Criminal Complaint on 10.12.2002 alleging that,
she married on 17.11.2001 at Laxminarayan Temple Khar Mumbai, to the accused No:1 an Indian
Citizen having US Green Card and working in USA. Her husband returned to America on 02.12.2001 and
she got USA visa on 06.12.2002. She travelled to USA on 09.12.2001, where she was subjected to mental
and physical torture by entire family in collusion with each other.She after being fed up with the physical
and mental torture, came back to India on 28.06.2002 and she filed complaint in Nagpada Police Station
vide C.R.No.405/2002 u/s 498A, 406, 34 I.P.C and section 4 of dowry Prohibition Act.
In the counter reply to the above charges, the Accused informed to Mr. Tanaji Surudkar Assistant Police
Inspctor that Ms. Lavina Chatur Kripalani was not married on 17.11.2001 in India and the allgations were
prima-facie False. The Accused were USA Citizens and not Indian Citizens having Green Card as alleged.
Ms. Lavina Chatur Kripalani was engaged to marry to the USA citizen (Accused No. 1) on 07.06.2001 in
India, and she sent an application with proof of Matrimony engagement and affidavits to USA Department
of State for grant of "Fiance Visa"to enable her to travel to USA to marry USA citizen. The fiance Visa
(K-1) was granted to her and she was informed by US consulate in Mumbai in October 2001 accordingly.
She was scheduled for personal Interview at USA Consulate Mumbai on 06.12.2001 to produce required
certificates, documents and affidavits showing proof of her Marital status, Educational & Professional
qualifications and Medical Report from designated hospital to assess her eligibility to receive USA visa.
Ms. Lavina Kripalani had submitted the Sworn Affidavit and executed other documents under penalty of
Perjury laws stating that She was Unmarried as on 06.12.2001 while receiving USA visa. She had come
to USA on 09.12.2001 and was duly married to USA citizen on 13.02.2002 in New Jersey USA Court.
Assistant Inspector Mr. Tanaji Surudkar was requested to verify the Passport No. B3821001 issued at
Mumbai on 17.09.2001 to Ms. Lavina Kripalani and the USA Visa No. 46604887 on the pages of the said
Indian Passport to find the truth. This documentary evidence was proof that the FIR No. 405/02 dated
31.12.2002, and the contents of the written complaint dated 10.12.2002 were prima facie false as the
complainant was not married on 17.11.2001 in India as alleged in the FIR, and Indian Police or Court had
absolutely no Jurisdiction to deal with the matter.
Having realised that prima-facie false and fraudulent FIR was registered by him without having territorial
Jurisdiction; and the action taken by him without making any verification, enquiry and investigation was illegal
and that prima-facie USA Citizens were illegally detained and arrested at the Mumbai Airrport at his behest, he
proceeded to tamper with the evidence and contents of the FIR No.405/2002 dated 31.12.2002.
The contents of the complaint and FIR No.405/02 dated 31.12.2002 were altered and planted with falsely
engineered and fabricated report by Mr. Tanaji Surudkar Assistant Police Inspector Nagpada Police Station,
in the Remand-Police-Custody Application dated 29.06.2003, stating that, the complainant had filed her
complaint that:
"she got married in India in February 2002 and when she was in India for 15 days, she
was mentally harassed and beaten by the accused. The Accused were frequently
demanding the money saying that they did not spent money, gave less dowry and
demanded money and things beat her and mentally harassed her".The Accused being
settled in America, there also beat the complainant and demanded money.
The complainant fed up with mentall harassment came back to India in June 2002 and
filed complaint in December 2002".
Nowhere in the complaint and the FIR No. 405/02, it is stated by the complainant that:
"She got married in India in February 2002 and when she was in India for 15 days; she
was mentally harassed and beaten by the accused in India".
The complainant has clearly stated in the complaint that She had received the USA Visa from the US consulate
on 6th December 2001, She had left India on 9th December 2001 and She was in USA till 28th June 2002. The
Complainant was no-where in India in February 2002 to be married and mentally harassed and beaten.The false
evidence was engineered, fabricated and planted in Police Remand Custody Application by Mr. Tanaji Surudkar
to FRAUDULENTLY DEFEAT section 4 of the Indian Penal Code 1860; and to show that the offence was partly
committed within the territory of India and that the part of action arose in India and the Accused were correctly
arrested by him, and the Accused were liable to be prosecuted in India. This Incorrect document was framed
knowingly with intent by Public servant to cause injury to the Accused thus attracting section 167 Indian Penal
Code 1860. The conduct of Mr. Tanaji Surudkar Assistant Inspector of Police has brought disrepute to the Indian
Police and dishonour to the institution of judiciary, undermining the faith and confidence reposed by the public
in the administration of justice.
Remand Custody Application reads as under:-
Nagpada Police Station Mumbai.
Date:29-06-2003
To.
Metropolitan Magistrate
15th Court,
Mazgaon,
Mumbai.
Respected Sir,
I hereby report that the complainant herein Smt. Lavina Kripalani, age 30 years, residing
at Navjivan Society Dr. J.V.-----Road has filed her complaint with this Police Station that
She got married in India in February 2002 and when she was in India for 15 days her
husband Dinesh,Mother-in-law Indira Age 74 years) sister-in-law Poonam, and
brother-in-law Girish have mentally harassed and beat the complainant and that the
accused were frequently demanding the money saying that they did not spent money,
gave less dowry and demanded things, beat her and mentally harassed her.
The accused being settled in America , there also beat the complainant and demanded
money. The complainant fed up with the mental harassment, she came back
to India in JUNE 2002 and she filed complaint in Nagpada Police Station vide
C.R.No. 405/2002 u/s 498A, 406, 34 of IPC and section4 of Dowry Prohibition Act.
As the Accused, being settled in America, hence at the time of lodging the complaint,
they could not be found in India and therefore information was given to the Airport
Branch against the accused and their names were given to the look out cell.
Accordingly as per the information of Airport Branch, Police of Nagpada Police Station
were sent to Airport and from their the Accused were taken n possession and as they
were wanted in the said offence.They were arrested on this 29th June 2003 at 10.00 hrs.
The said Accused other relatives, sister-in-law of the complainant, father-in-law and
brother-in-law, are to be arrested in the above said offence and to investigate the case
and the statements of the witnesses are to be recorded.
And therefore praying for grant of Police custody of the above said Accused.
Yours faithfully
Sd/-
Assistant Police Inspector,
Nagpada Police Station
Mumbai.
Round Seal Of
Nagpada Police Station.
1. The Remand-Police-Custody Application does not show that the alleged offences took place, and
were committed within the Territorial Jurisdiction of Nagpada Police Station. No place in India,
Village, Town, City, State or union territory of India is shown where the complainant was mentally
harassed and beaten by the accused for 15 days when she was in India after getting married in
February 2002, except that the complainant resided within the limits of Nagpada Police station at
the time of lodging the complaint. Nagpada Police Station has no all India territorial Jurisdiction
and thus the Magistrate exceeded his legal authority to deal with the matter.
2. The material fact was deliberately and criminally suppressed by Mr. Tanaji Surudkar a public servant
in the said Remand application that Ms. Lavina Chatur Kripalani had preferred a Written Criminal
Complaint on 10.12.2002 alleging that, she married on 17.11.2001 at Laxminarayan Temple Khar
Mumbai, to the accused No:1 an Indian Citizen having US Green Card and working in USA.
Her husband returned to America on 02.12.2001 and she got USA visa on 06.12.2002.
She travelled to USA on 09.12.2001, where she was subjected to mental and physical torture by
entire family in collusion with each other.She after being fed up with the physical and mental torture,
came back to India on 28.06.2002 and she filed complaint after 5 months in Nagpada Police Station
vide C.R.No.405/2002.
3. The Remand-Police-Custody Application states that, the Accused, being settled in America, hence at
the time of lodging the complaint, they could not be found in India and therefore information was
given to the Airport Branch against the accused and their names were given to the look out cell.
Accordingly as per the information of Airport Branch, Police of Nagpada Police Station were sent to
Airport and from there the Accused were taken in possession and as they were wanted in the said
offence.They were arrested on this 29th June 2003 at 10.00 hrs.
Mr. Tanaji Surudkar fraudulently suppressed the material facts in the said Remand-Custody Application,
that the Accused arrested by him are USA citizens and their USA Passports were taken into possession
and siezed. He knowingly and criminally suppressed these facts to defeat section 4 Indian Penal Code
1860, and prevent consideration of the provisions of law from consideration by the court at the initial
stages and to get unhindered police cusody of Accused by criminal intimidation and conspiracy.
Section 4 of the Indian Penal Code 1860 does not permit prosecution of a person other than an Indian
national. The law does not offer jurisdiction for offences committed outside India by persons who were
not Indian nationals.The Indian courts will have jurisdiction to try an accused only if the accused is a
citizen of India even if the offence was committed outside India or by any person on any ship or aircraft
registered in India, wherever it may be.
There is materials to show that the Accused are the citizens of USA.
They are having USA Passports. They are having Visa to visit India,like any other foreign National, issued
by the Indian Commission in USA. They are the Persons of Indian Origin (Indian Diaspora) and thet have
been visiting India to look after their property, financial Investments, charitable, social, religious purposes
and to meet family and friends. It can not been denied and disputed that they are not the citizen of India.
In the present case, the complainant is an Indian citizens went to marry USA citizen and intended to
permanently reside with USA citizens in USA. The marriage between the complainant and her husband took
place in USA . After about 4 months she returned to India and lodged a case of physical and mental torture
while residing in USA against her husband, and his father,mother, married sister and married brother. In view
of the fact that the offence is said to have been committed in USA, the provisions of the Indian Penal Code or
the Code of Criminal Procedure cannot be said to have any application.The entire proceedings having been
initiated illegally and without jurisdiction, all actions taken by the court were without jurisdiction, and thus
are nullity
4. The Metropolitan Court at Mazgaon Mumbai acted wrongly as under:
i. The Remand- Police- Custody Application accepted without application of mind and allowing Police
Custody of the accused does not establish that the alleged offences took place, and were committed
within the Territorial Jurisdiction of Nagpada Police Station and thus within the Territorial Jurisdiction
of Holiday Magistrate.
ii. The Remand-Police-Custody Application submitted by the Police Inspector and accepted by the
Metropolitan Magistrate was a deliberate and criminally engineered document to misguide the court
and fraudulently secure the police custody of the accused for the ulterior motives. Manipulations and
interpolations on the part of the Nagpada police officer in the said Remand Application are crystal
clear.
iii. The Metropolitan Magistrate Mazgaon Court has proceeded to take cognisance without applying his
mind, just like putting a rubber stamp on it. By no stretch of reasoning the Metropolitan Magistrate
was competent to take cognisance of the matter.
iv. The proceedings initiated against the accused were liable to be dismissed on the ground of lack of
jurisdiction alone, under section 177 of criminal procedure code 1973. No part of cause of action arose
within the Jurisdiction of Mazgaon Metropolitan court where the Police-Custody Remand Application
was filed by the Nagpada Police.
v. The entire proceedings had no foundation. This is the question of law regarding lack of Jurisdiction.
Don't the magistrate know the basic of criminal law? Judges have got to be responsible, when they
pass orders. They must be aware of its consequences.
Nagpada Police Station neither informed the USA Consulate in Mumbai that the USA citizens were arrested
by them, nor the higher authorities in Maharashtra State and Ministry of External Affairs Government of India
were informed about the arrest of foreign nationals in violation of Section 4 Indian Penal Code 1860.
No permission was obtained from the authorities as required by the Section 188 of Indian Criminal Procedure Code.
While in Police custody the accused were taken by Mr. Tanaji Surudkar Assistant Inspector, at their
property situated at Versova Andheri East Mumbai,
1. In-spite of knowing that there was no reference to the dowry articles in the complaint. No particulars
of dowry have been given in the complaint and FIR.
2. The search was illegally carried out by Mr. Tanaji Surudkar, in violation of section 166 Criminal
Pr. Code and without having territorial jurisdiction under section 170 Criminal Procedure Code
and also without the knowledge and the permission of the the Versova Police Station having
territorial jurisdiction.
3. Nothing was found during search. The search was carried out by Nagpada Police Station in spite
of the fact that the FIR No.405/2002 registered by Nagpada Police Station does not contain any
particulars of properties stolen /involved and the values of the same at serial 9 and 10 of the FIR.
Nor the complainant has claimed any involvement of any of her property lying at the said premises.
After obtaining Police Custody of accused fraudulently, the Accused were produced before
Metropolitan Magistrate 15th court Mazgaon Mumbai, after 2 days of on 01. 07. 3003.
The Court without ascertaining the territorial jurisdiction , proceeded with the matter, in spite
the fact that the said court had no
jurisdiction to try the offences as the cause of action did not accrue within the territorial jurisdiction of Nagpada
Police Station,under Section 170 & 177 Code of criminal Procedure. The proceedings were
initiated illegally without any scrutiny, responsibility and without jurisdiction and without respect for law
by the Metropolitan Magistrate Mazgaon Court. Therefore the impugned judgements and orders delivered
by the said court cannot be sustained. The Bail application with the request to return USA Passports of
the accused was submitted which was opposed by the police.
Nagpada Police Station in-spite of seizing the USA Passports from the accused, falsely and fraudulently denied
having them in their possession and submitted to the Metropolitan Magistrate at Mazgaon Court, that the accused
were Indian Citizens, holding Indian Passports residing in USA and holding USA permanent resident "Green Card".
The Nagpada Police Station requested to the Magistrate to order to the accused to surrender the Indian Passport
and Green-Card to the Police.
The bail order is as under:-
MEMO Mumbai, Dt. 1/7/2003
TO:
The Inspector of Police.
Nagpada Police Station.
Mumbai.
You are hereby informed that the accused No. 1 Dinesh Gop Lalwani and accused No. 2
smt Indira Gop Lalwani who were arrested by your police station in C.R. No. 405/2002 of
the offence punishable U/ sec 498(a), 406, 34 I.P.C r/w 4 Dowry Act are ordered to be
released on execution of P. R. Bond of Rs. 20,000/- each with one of sureties in the like
amount with a condition to attend police station every day from 10.00 a.m to 12.00 noon
until further orders.
Accused are ordered to surrender their Passport and Green Card (in original) with I.O.
Accused are further directed not to leave the limit of Mumbai without prior permission of
court till further orders.
Option of cash bail of Rs. 20,000/- each is allowed in lieu of solvent surety.
This is for your information and compliance condition.
By order
SD/-
Judicial Clerk,
Metropolitan Magistrate's
15th Court, Mazgaon, Mumbai.
The accused attended Nagpada Police station daily between 10.00 A.M. to 12.00 Noon as
ordered by the court as if Heinous Crime was alleged to had been committed by the accused,
and dead body of the living complainant was recovered.Even 70 years old physically and
medically challenged lady accused No.2, who was barely able to stand on her legs before the
magistrate in the court room was not spared and exempted from attending the police station
daily by the Honourable-Magistrate.
Accused submitted an application to the concerned Magistrate on
14 .07. 2003 for return of their USA Passports and permission to leave India. The request
was granted and the USA Passports were returned on furnishing additional cash security
of Rs. 10,000/-each against receiving Passports from Nagpada Police Station.Accused were
permitted to leave India for six months and directed to report their where abouts to Nagpada
Police Station within that period of six months.Attendance conditions imposed in bail order
were vacated.
The Court Order is as under:-
RETURN OF PASSPORT & PERMISSION TO GO BACK TO U.S.A
AND CANCELLATION OF ATTENDANCE.
NOTICE NO: 103/N/2003 and Mumbai, Dated 14th July 2003.
104/N/2003
C.R. No. 405/2002
M E M O:
The Inspector of Police, Nagpada Police Station, Mumbai is hereby informed that on application made by
Smt. Indira Gope Lalwani in Notice No. 103/N/2003 and Dinesh Gope Lalwani in Notice No. 104/N/2003 for
return of Passport bearing No. 95443898 of U.S. Passport and Passport bearing No. 112524200 of U.S.Passport
and permission to go back to U.S.A. and cancellation of attendance. The said Passports are lying in your custody.
This Court has passed the following order:
O R D E R
"Notice No. 103/N/2003 & 104/N/2003 and prayer made therein of both
the accused is hereby allowed. They are permitted to leave India".
Senior P. I. of Nagpada Police Station is hereby directed to hand over the original
Passports of both applicants /accused by retaining xerox copies on record.
Both applicant/accused are hereby directed to keep their advocate on record to present
them in court on each and every date until further orders. Failing which, necessary action
will be taken against both the applicant/accused.
Applicant/Accused are hereby directed to furnish additional surety or cash security of
Rs. 10,000/-each against receiving Passports from Nagpada Police Station.
Applicant/Accused are permitted to go abroad for six months and directed to report t
heir where abouts to Nagpada Police Station within that period of six months.
"Attendance conditions imposed in bail order are vacated".
You are therefore directed to comply above orders.
BY ORDER
ROUND SEAL SD/-
METROPOLITAN MAGISTRATE
15th Court, Mazgaon, Mumbai.
TO:
The Inspector of Police
Nagpada Police Station Mumbai.
Metropolitan Magistrate while passing above orders releasing USA Passports did not even
review his own earlier order, directing to the Police to take possession of Indian Passports
and USA Green Cards from the accused. Honourable Metropolitan Magistrate even did not
ascertain the non compliance of the said Judicial orders, and the reasons for the non-compliance
of taking possession of Indian Passports and USA Green Cards.
Therefore the above order returning USA passports confirms that the concerned Honourable
Magistrate was very well aware that the accused were USA Citizens and their USA Passports
were in possession of Nagpada Police, and allowed the police to mislead the court and deny the
possession of USA passports.
Metropolitan Magistrate's failure to ensure effective implementation of his bail orders requiring
the surrender of Indian passports and Green Cards by the accused, to the Nagpada Police Station,
after falsely determining that accused were Indian Citizens and subsequently ordering to return
the USA Passports to the accused, and recognising the Foreign nationals not being Indian nationals
by the same Judge, proves hand and glove conspiracy and speaks volumes of unlawful conduct by
law enforcers in India. The laws and Judicial System have been completely violated, short circuited,
sabotaged and made irrelevant in this matter.
The Orders/ judgements have been passed in a mechanical manner, without applying mind to the
facts of the case made in the FIR No. 405/2002. Had the Presiding Officer scrutinised even the
F.I.R. he would have learnt that no offence had taken place in the territorial jurisdiction of
Metropolitan Court at Mazgaon Mumbai India. Malpractices, Manipulations and Malafide on the
part of the Nagpada Police Officer stands proved.In view of the above manipulations by the Police
officer and non application of mind firstly by the learned Holiday Magistrate, and secondly by the
Metropolitan Magistrate 15th court Mazgaon the criminal proceedings stand vitiated.
Illegally arrested and persecuted accused in India reached back in USA; after fifteen
days of harassment, agony and extortion by the police and judicial system in India.
The Government can not ignore the responsibility and must make the police and Court
accountable and compensate the family for the agony and losses it has gone through.
The quality of a nation's civilisation can be largely measured by the methods it
uses in the enforcement of criminal law. Rule of law is an essential feature of the
Indian constitution and part of the basic structure .
1. FIR No. 405/02 is Prima-Facie False.
The FIR No. 405/02 dated 31.12.2002 alleging that the complainant married in India on 17.11.2001 and she was subjected
to Cruelty and Dowry demands in India and USA by the Accused who committed offences punishable under section 498A,
406 , 34 Indian Penal Code 1860 r/w Section 4 of Dowry Prohibition Act 1961 and registered by Mr. Tanaji Surudkar Assistant
Inspector, Nagpada Police station, without having verification, enquiry, corroboration , Inspection and Investigation
was prima-facie false FIR prosecuted by the Metropolitan Court at Mazgaon Mumbai in view of the available documentary
evidence in the Indian Passport No. B3821001 Issued at Mumbai on17.09.2001 and the USA Visa Type K1 No. 46604887
issued by US Consulate in Mumbai to the complainant on 06.12.2001 showing that the complainant was not married as on
06.12.2001. The Complainant did not marry on 17.11.2001 in India is further confirmed by the sworn affidavit and other
documents filed by the complainant herself with the USA consulate stating her marital status as unmarried on 06.12.2001.
Therefore the arrest of USA nationals in India and Police custody & detention was prima-facie illegal.
2. Remand Police Custody Application dated 29.06.2003 is Prima-Facie False.
The Remand Police Custody Application dated 29.06.2003 submitted to the Metropolitan Court at Mazgaon Mumbai by
Mr. Tanaji Surudkar Assistant Inspector Nagpada Police Station alleging that :
"Complainant got married in India in February 2002 and when she was in India for 15 days; she was mentally harassed
and beaten by the accused in India" was also prima-facie false report/ remand police custody application as the complainant
was not in India in February 2002. The FIR No. 405/02 dated 31.12.2002 registered by Mr. Tanaji Surudkar Assistant Inspector
himself categorically states that the complainant received USA Visa on 06.12.2001, left India for USA on 09.12.2001.
The Complainant was in USA from 09.12.2001 to 28.06.2002. Therefore the evidence confirms that the complainant did not marry
in India in February 2002 and was mentally harassed and beaten in India by the Accused as alleged. Evidence also is available
showing that none of the Accused USA Citizen was in India in February 2002.
Therefore the arrest of USA nationals in India and Police custody & detention was prima-facie illegal.
3. Grant of Remand Police Custody was Prima-Facie Illegal.
The Accused were arrested on the basis of the FIR No. 405/02 dated 31.12.2002 and they were Remanded to Police Custody on
the basis of Remand Custody Application dated 29.06.2003, both giving different stories details, dates, places, times and evidence
of commission of offences as shown above at 1&2. Both the documents are registered and filed by Mr. Tanaji Surudkar Assistant
Inspector of Nagpada Police Station.
4. The Arrest, Police custody, Prosecution was prima-facie illegal.
(a) Section 4 of the Indian Penal Code 1860 does not permit prosecution of a person other than an Indian national. The law does
not offer jurisdiction for offences committed outside India by persons who were not Indian nationals.The Indian courts will
have jurisdiction to try an accused only if the accused is a citizen of India even if the offence was committed outside India or
by any person on any ship or aircraft registered in India, wherever it may be.
(b) The cause of action did not accrue within the territorial jurisdiction of Nagpada Police Station,under Section
170 & 177 Code of criminal Procedure
Started by rupali at 12:29 p.m. on 27 Sept. 08
Started by bigfun12 at 10:17 a.m. on 24 Sept. 08
Started by Anonymous User at 4:18 p.m. on 21 Sept. 08
Started by Anonymous User at 3:16 p.m. on 18 Sept. 08
Started by Anonymous User at 3:15 p.m. on 15 Sept. 08
