Police distroyed criminal case papers to protect accused

[Samir Zaveri]

Adv. Ashok Sir.

I registered FIR at Sion police station at Mumbai in the year 2011.

In the month of January 2018 I asked under Right to Information to police about present status of case and name of police officer who is in possession of case paper.

police replied me that Criminal Case paper are not available on record of police station.

There after I made complaint dated 7.3. 2018 to Mumbai Police authority requesting to register FIR against concerned police under section 9 of Maharashtra public record act for destroyed public record and take departmental action under service rule.

I requested police to follow guideline given by Supreme Court in case of Lalita Kumari about registration of FIR.

However Supreme Court guidelines not followed by police authority.

Please suggest what to do now.

Sir. I m 90% disabled person and Activist from Mumbai, reading yr views which r very informative and easy to understand Legal procedure.

Samir Zaveri

[Dr. Ashok Dhamija]

Offence under Section 9 of the Maharashtra Public Records Act, 2005, appears to be a cognizable offence, since the maximum punishment can be up to 5 years’ imprisonment. Further, no restriction with regard to taking of cognizance has been laid down.

If you believe that an offence under the above legal provision is made out in the facts of your case, and if the police refuses to register an offence, you’ll have to file a complaint in the court of the Magistrate under Section 156(3) of the Criminal Procedure Code for directing the police to investigate the case. Else, you can file a private complaint case under Section 190 of the Cr.P.C.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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