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Perjury
against Dirty Cops
How
to file a Criminal Application u/s 340 CrPC against Dirty Cops - When they file
a False Affidavit in the Court
IN THE HIGH COURT OF JUDICATUREAT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 117 OF2014
IN
CRIMINAL WRIT PETITION NO. 427OF 2014
In the matter under section
340 CrPC AND FOR TAKING
ACTION AGAINST ACCUSED
u/s 191, 192, 193, 196, 199,
200, 201, 217, 218, 219, 465,
466, 471, 474, READ WITH
120(B) of IPC
DILIP NARAINDAS KAMWANI,
)
Age 58 years, resident of 101,
)
Mauli Society, A Wing,
)
Plot No. 29C, Sector No.
4,
)
Vashi
)
Navi Mumbai –
400703 )… Applicant
(OriginalRespondent No.2)
Versus
1. Mr. Purushottam
Karad,
)(Original Petitioner No.1)
DCP Vashi Zone 1,
Vashi. Navi Mumbai.
2. Mr. Javed
Ahmad,
) (Original Petitioner No.2)
(then Commissioner of Police,
Navi Mumbai)Presently, ADGP,
Law & Order, Maharashtra.
Maharashtra Police HQ, Colaba.
3. Mr. Ashok Kumar Sharma,
) (OriginalPetitioner No.3)
Commissioner of Police.
Navi Mumbai, CBD Belapur.
4. Mr. Laxman Kale,
)
SENIOR POLICE INSPECTOR
Vashi Police Station,
Vashi, Navi Mumbai.
5. Mr. Raosaheb Sardesai,
)
(Ex) Sr P.I. Vashi Police Station
Vashi, Navi Mumbai.
)… Respondents
TO
THE HON. THE CHIEF JUSTICE AND THE HON.PUISNE JUDGES OF THIS
HON. HIGH COURT OF JUDICATURE AT BOMBAY
THE HUMBLE APPLICATION OF THEAPPLICANTS ABOVENAMED:
MOST RESPECTFULLY SHEWETH:
The applicantabove named most humbly submits as under:-
1. That the Applicant, Dilip
Kamwani, is Respondent No.2 and his Mother Mohini Kamwani is Respondent No.1 in
the FALSE Criminal Writ
Petition No. 427 of 2014 filed by Petitioners (present Respondents No.1, 2and
3), u/s 482 for Quashing of JMFC Vashi Court Order dated 1-2-2014 for Registration of FIR against
present Respondents No. 1, 2, 4 and 5, vide Applicants Mohini Kamwani
and DilipKamwani’s Complaintu/s.156(3)
CrPC for offences of Indian Penal Code (IPC) Sections 211, 466, 469,471, 474,
167, 196, 220, 191, 192, 193, 195, 201, 120 (B), 199, 200 & 145(2) Bombay
Police Act, AS DIRECTED
TOAPPLICANT DILIP KAMWANI AND MOHINI KAMWANI BY HON. BOMBAY HIGH COURT
THROUGHITS FINAL JUDGMENT ORDER DATED 13-6-2013 IN OUR CRIMINAL WRIT PETITION
NO.1857/2013 AGAINST OUR ORIGINAL ACCUSED POLICE OFFICERS, PRESENT
RESPONDENTSNO.1, 2, 4, AND 5, AS WE HAD CLEARLY PRAYED IN OUR SAID CRIM. WP NO.
1857/2013FOR MANDAMUS WRIT/FIR TO BE REGISTERED AGAINST THEM FOR THEIR
CRIMINALCONSPIRACY, FALSE CASE AGAINST US, FALSE SWORN AFFIDAVITS AND
STATEMENTS BYTHEM, FORGERY, PERJURY, ETC.
2. Afterfearing the proposed action
resulting from JMFC Vashi Court Order dated1-2-2014 for registration of FIR
against them, the Respondents No.1 and 2, ourOriginal Accused in Crim. WP
1857/2012, and Respondent No.3, are trying to Criminallymisuse the Process of
Court by filing the FALSE Criminal Writ Petition No.427/2014 by Dishonestly
Concealing the Material Facts.The material available on record and
the documents filed by the Applicant makesit Prima Facie clear that the
Respondent No.1 to 5 had Conspired with eachother and created False, Misleading
and Fabricated Evidences in order toMislead this Hon. Court and thereby
committed Offences against Administrationof Justice, Criminal Abuse of Court
Process and Criminal Contempt of Court.
3. It is Pertinent to note here, that None other but this Hon.
Bombay HighCourt hasCAUGHT theirFalse
Case against Applicant and his Mother Mohini Kamwani (they Falsely statedthat
both Applicant and his other Mohini Kamwani were going to Commit Suicidethat is
why they were Arrested), Forgery, Perjury, False Sworn Affidavits, CriminalConspiracy
of all our Original Accused includingRespondents
No.1 and 2 DCP P. Karad and ADGP Ahmed Javed from 2011 onwards,etc during the
hearing of our Criminal Writ Petition No. 1857/2013 and alsofound them Guilty,
Convicted and Fined them Rs. 6 Lacs for Illegal Arrest andJailing of Applicant
Dilip Kamwani and his79 year Mother Mohini Kamwani, in Blatant Violation
of SC law of D. K. Basu vs.
State of Bengal. THE
RESPONDENTS NO. 1 TO 3HAVE DELIBERATELY AND DISHONESTLY CONCEALED AND HIDDEN
THIS FACT FROM THIS HON.COURT.
4. It is also Pertinent to note here,that the
Respondents No. 1, 2, 4 and 5 along with our other Original Accusedhad filed an
SLP No. 6534/2013 in Hon. Supreme Court to challenge the saidimpugned Hon.
Bombay High Court Final Judgment Order dated 13-6-2013, BUT HON.SUPREME COURT
HAS DISMISSED THEIR SLP ON 23-9-2013. THE
RESPONDENTS NO. 1 TO 3 HAVE DELIBERATELY AND DISHONESTLYCONCEALED AND HIDDEN
THIS FACT FROM THIS HON. COURT.
5. Moreover, Maharashtra DGP has also
clearlysaid vide Letter dated 2-9-2013 that necessary action will be taken
against 4 Guilty Police
Officers, DCP P. Karad,ADGP Ahmed Javed, Laxman Kale and Raosaheb Sardesai,
which are presentRespondents no. 1, 2, 4 and 5, after the outcome of their SC SLP
which haslong back been Dismissed by Hon. SC. THE RESPONDENTS NO. 1 TO 3
HAVEDELIBERATELY AND DISHONESTLY CONCEALED AND HIDDEN THIS FACT FROM THIS
HON.COURT.
6. That Respondents No.1 and 2 Ahmed Javed and Purushottam Karad are Openly LYING as IApplicant Dilip Kamwani, and my 79
year mother Mohini Kamwani were not Arrested and Jailed in a SINGLE dayby
Respondent No.4 SPIMr. Laxman
Kale asRespondents No.1 and
2 Mr. Ahmed Javed and
Purushottam Karad are FALSELYCLAIMING they never knew and or are NOT Involved in our Illegal
Arrest, False Case, Forgery,Perjury, etc ;
Their Falsity can be ex-faciely proved from following evidences.Mohini Kamwani
sent 100s of Complaints to Higher Authorities from 2010 onwards and Hon. Prime
Minister has sent 60Letters to Chief SecretaryMaharashtra Govt., President of
India sent 3 Letters, MHA sent 3 Letters, Maharashtra Governor sent 7 Letters
and Hon. Bombay High Court also sent 1 letter toMr. Ahmed Javed and all have
sent Copies to us. Then, after
so many Letters from Higher Authorities, how can RespondentNo.4, a mere SPI Mr.
Laxman Kale, Arrest 79 year APPLICANT Mohini Kamwani andher son - WITHOUT
SPECIFIC ORDERSAND OR KNOWLEDGE OF HISSENIORPOLICE OFFICERS RESPONDENTS NO. 2
AND 1 MR. AHMED JAVED and MR. PURUSHOTTAM KARAD, as they are Falsely Claiming. THE RESPONDENTS NO.1 TO 3 HAVE
DELIBERATELY AND DISHONESTLY CONCEALED AND HIDDEN THIS FACT FROMTHIS HON.
COURT.
7. Itis also very Important to Note here, that
Regarding Police "Story" of we complaining about Rs. 1.36 Crore and this being a Civil
matter; thisis the Planned CriminalConspiracy
ofour Original Accused andRespondents No. 1 to 5 Police officers, who
are LYING and trying to Misguide everybody since
2011 includingthis Hon. Court, (AS
THEY TRIEDBEFORE ALSO IN OUR Crim.WP 1857/2013 BUT HON. BOMBAY HIGH COURT
REJECTED THEIR“STORY” AND HELD THEM GUILTY, CONVICTED AND FINED THEM RS. 6 LACS), as ourComplaint was Clearly about our
Accused Relatives Karani Family Threatening usfrom August 2010,
Criminally Trespassingto our House and Demanding my mother Mohini
Kamwani’s Bank A/c No. andSignatures to Loot, Cheat and Harm us AGAIN even
though we have Severed ourRelation with them since 2007 Legally by issuing them
Legal Notices in VashiTimes and they have No Right to even Contact us, because
they Looted, Cheatedand Destroyed our Family before also leading to the
Untimely Deaths of my Father,young Brother and Suicide by my 2nd Unmarried Sister Gita in 2007.
8. BRIEF
FACTS OF THECASE:
Asour Original Accused, Respondents No.1 and 2 DCP P. Karad and
ADG Ahmed Javed were Involved and Conspired Criminally with Respondents No.4
and 5 SPIsRaosaheb Sardesai and Laxman Kale right from Beginning from December
2010,hence we are stating the Brief Facts of the Case from the Inception:
a) We
had severed our relation Legallywith my sister Sumita Karani and her family in
2007 by giving them Legal Noticein Vashi Times, because they had looted and
cheated us and destroyed usfinancially leading to Deaths of my Father and
Brother and Suicide by my secondSister in 2007.
b) But
again from August 2010 toDecember 2010 my Nephew Manoj Karani started
Threatening us by coming to ourhouse and Demanding my Mother’s Bank Account No.
and Signatures to loot usagain.
c) On
23.12-2010, we went to VashiPolice Station to file FIR against Karani family,
but Police asked us to giveeverything in Writing. On 24-12-2010, we approached
Navi Mumbai PoliceCommissioner Mr. Javed Ahmed who refused to take our
complaint. Then we wentback to Vashi Police Station who only registered an N.C.
d) As
no action was taken againstKaranis, my Mother complained to higher Authorities,
but still no action wastaken.
e) So
my Mother sat on Hunger Strike atAzad Maidan from 16-01-2012
to24-01-2012.
f) On
25-01-2012 Vashi Police arrestedme & my Mother illegally and Jailed us for
4 days at Kalyan Jail.
g) On
07-05-2012 we filed a CriminalWrit Petition no. 1857/2012 in Bombay High Court.
h) High
Court passed the Final JudgmentOrder on 13-06-2013 holding all the 6 Accused
Guilty, including Respondent No.1 and 2 DCP P. Karad and Ahmed Javed, and fined
them Rs. 6 Lacs.
i) All
the 6 Accused filed SLP inSupreme Court, but the Supreme Court Dismissed their
SLP on 23-09-2013.
j) On
30-01-2014, we filed Complaintno. 91/2014 u/s 156(3) with JMFC Vashi Court for
registration of FIR againstfour accused Police Officers, Respondents No. 1, 2,
4, and 5, as Directed to us by Hon. Bombay High Courtvide its Final
Judgment Order dated 13-6-2013.
k) On
01-02-2014, JMFC Vashi Courtpassed the Order for registration of FIR against
the four Accused PoliceOfficers, Respondent No. 1, 2, 4 and 5.
l) After
fearing the proposed actionresulting from the said JMFC Vashi Court FIR Order
against them, thepetitioners are trying to misuse the Process of Court by
filing this petitionby Dishonestly Concealing the Material Facts, as stated
above.
9. ROLES
PLAYED BYRESPONDENTS NO. 1 AND 2 DCP P. KARAD AND ADG AHMED JAVED, ALONG
WITHRESPONDENTS NO. 4 AND 5 SPIs LAXMAN KALE AND RAOSAHEB SARDESAI, FROM 2010
–WITH PRIMA FACIE DOCUMENTARY EVIDENCES AND RELEVANT MATERIAL DISCLOSING
THEIRCOMPLICITY IN CRIME IS AS FOLLOWS:
Important Note: In
our Crim.WP No. 1857/2012,where Respondents No.1, 2, 4 and 5 are our Original
Accused, Hon. Bombay HighCourt has ALREADY found them Guilty, Convicted and
Fined them Rs. 6 Lacs, onthe
basis of Following CRUCIAL Exhibits, Documentary Evidences, Material Facts,etc.
and we had submitted most of these with Exhibits “A” to “P” to Hon.JMFC Vashi
Court in our Complaint No. 91/2014 u/s 156(3) for registration ofFIR and After seeing the same, Hon. JMFC
Vashi Court Magistrate passed theFIR registration Order on 1.2-2014. As we
Forgot to submit some CrucialExhibits and Material Facts to JMFC Vashi Court
with our said Complaint No.91/2014, Hence we are filing them here to Further
Prove the Falsity of theCrim.WP 427/2014 filed by the Respondents No. 1 to 3:
(A) On
23-12-2010, Applicant and hisMother approached Vashi Police Station to register
our FIR against our AccusedKarani Family members Threatening us for 5Monthsfrom August 2010 and
asking our Bank A/c No. & Signatures toLoot and Cheat us AGAIN, but Police
asked us to give everything in Writingabout why we Severed our Relation with
them and how our Relatives had Looted usin the Past also. So on 24-12-2010, we
approached the then Navi Mumbai PoliceCommissioner with the said written
complaint, butRespondent No.2 Ahmed Javed REFUSED to take our Complaint
andShouted at me and my Mother. So we went back to Vashi Police
Station, andRespondent No. 5 SPI R. Sardesai registeredonly an NC
Complaint u/s 506 and 507. Annexed and marked asExhibit “A” is Copy of our 1stComplaint
to Vashi Police dated 23-12-2010 and Exhibit
“B”is Copy of our 2 Legal Notices to our AccusedKarani Family members
in Vashi Times 2007.
(B) On
13-3-2011, an Underworld connected person Hiten Sampat Looted and Threatened
Applicant and his Motherand from his Airtel CDRs (call data records) we
informed Vashi Police about heand our Accused Nephew/Grandson Sanjeev Karani
and Rakhi Sanjeev Karani haveexchanged 4 calls on 17 March 2011. RespondentNo. 5 SPI R. Sardesai
registered FIR against Hiten Sampat only, but no Offencewas registered against
our Accused Nephew/Grandson Sanjeev Karani and RakhiSanjeev Karani, even though
we complained to Respondent No.2 Ahmed Javed.Annexed and marked as Exhibit “C”(Colly.) is Copy of our complaints sent to Respondents No. 5 and DGP.
(C) On
19-6-2011, Urmi Manoj Karani,wife of our Main Accused Nephew/Grandson Manoj
Karani, came to India from Dubaiand called and Threatened us to take back our
Complaint against Karanis as theyare Very Rich and Powerful. We Complained to
Vashi Police AGAIN that they areThreatening us, hence Respondent No.5 SPI R. Sardesaiissued
1st Legal Notices u/s
149 CrPC on19/20-6-2011to Jeetendra Karani, Sumita Karani, Narendra Karani and
SanjeevKarani for Threatening Mohini Kamwani; butNo
Notice was issued to Urmi Manoj Karani by Respondent No. 5 SPI R. Sardesai.Annexed
and marked as Exhibit “D”is
Copy of 1st Legal
Notice u/s 149 CrPC issued to Karanis.
(D) On
9-7-2011 and on 14-7-2011, Applicant’sMother Mohini Kamwani has sent clear
Complaints to Higher AuthoritiesPresident, PM, HM Maharashtra CM, HM DGP, etc.,
by Registered Post and Emails,about Respondent
No.2 Ahmed JavedLYING to Protect Accused Karanis through his Reply sent on his
behalf byRespondent No.1 DCP P. Karad. Annexed and marked as Exhibit “E” is Copy of 2complaints.
(E) Again
on 26-10-2011 and28-10-2011, Applicant’s Mother Mohini Kamwani has sent More
Complaints toHigher Authorities, with RTI Proof, about RespondentNo.1 DCP P. Karad
LYING in his Reply on behalf of Respondent No.2 ADG Ahmed Javed, to
Protect ourMain Accused Manoj Karani and his wife Urmi Manoj Karani.
Annexed andmarked as Exhibit
“F” is Copyof 2 more
complaints, “PlannedConspiracy of NM Police since 24 December 2010 to Help/Protect/Save Rich &Powerful
Criminals-Karani Family”and“UGLY TRUTH OF NAVI MUMBAI DCPZONE 1
VASHI SHRI P. KARAD LYING AGAIN TO PROTECT ACCUSED KARANIS”.
(F) On
11.11.2011, the Applicant’s Mother Mohini Kamwani sent one more complaint to
Chief Minister explainingher grievance and the
harassment faced by her, as
NM Police, Respondent No.2 and 1 are LYING to Protect our Richand Powerful
Accused Karanis. A copy of the said letter
dated 11.11.2011 sentby the Applicant No. 1’s Mother tothe Chief Minister is annexed heretomarked as Exhibit “G”.
(G) As
aconsequence of the said letter, the Applicant’s Mother Mohini Kamwani
wasapproached by Respondent No.4 Laxman Kale on 27.12.2011 wherein he promised
her that appropriateaction would be taken against Accused Karanis and asked her
to give a writtenundertaking stating that she would not siton any protest fast.
A copy of the letter dated 27.12.2011 given by herto the Respondent No.4 Laxman
Kale is annexed hereto and marked
as Exhibit“H”. But RespondentNo.4 Laxman Kale did not
take any Legal Action against Accused Karanis; he onlyissued 2nd “SOFT” Legal Notices to Jeetendra
Karani, Sumita Karaniand Narendra Karani. WHY
NO LEGALACTION by Respondent No.4 LaxmanKale against Accused Karanis FORREPEATING THE OFFENCES AND
THREATENING A 79 YEAR SENIOR CITIZEN, AS MENTIONEDIN THE 1ST POLICE NOTICE THAT LEGAL ACTION WILL
BE TAKEN AGAINSTKARANIS IF THEY THREATEN MOHINI KAMWANI AGAIN ? Annexed and marked as Exhibit “I” is a Copy of 2nd Police Notices toKaranis u/s 149 CrPC.
(H) On
27-12-2011, RespondentNo.4
SPI Laxman Kale has sent a Letter Javak Kramank (outward number)11884/2011to
Respondent No.1 DCP P. Karad where he has stated on page 2 that “Accused No. 4 Manoj Karani had
come toIndia in August 2011 but he had to go to Pune for his company’s work so
he didnot come to Vashi Police Station” ???!!! – This is the
UndisputableProof that Respondent No1. DCP Karad was aware and how Respondent
No.4 SPILaxman Kale was HELPING Karanis to Protect them. Annexed hereto and marked as Exhibit “J” is the Copy of SPILaxman Kale’s Letter
to DCP Karad.
THIS IS THE SHOCKING TRUTH OFRESPONDENTS NO. 1 TO 5, DCP KARAD,
THEN NAVI MUMBAI POLICE COMMISSIONER AHMEDJAVED, NEXT NM CP A. K. SHARMA, SPIs
LAXMAN KALE AND RAOSAHEB SARDESAI, THAT TILLDATE SINCE 2010, THEY HAVE NOT EVEN
CALLED OUR MAIN ACCUSED MANOJ KARANI TOVASHI POLICE STATION, NOR RECORDED HIS
STATEMENT, NOR TAKEN ANY LEGAL ACTIONAGAINST HIM FOR THREATENING A 79 YEAR
SENIOR CITIZEN AND DEMANDING HER BANK A/CNUMBER AND SIGNATURES ON DOCUMENTS TO
LOOT AND CHEAT US AGAIN ???!!!
(I) That
In view of the fact that no
action was taken by Respondent
No.4 Laxman Kale, on the complaint of the Applicant’s Mother, andthe officers of Respondent
No.4 Laxman Kale making false
statementsbefore the Maharashtra
State Human Rights Commission, as
MSHRC had sentSummons to Respondent No.2 Ahmed Javed and Respondent No.5 R.
Sardesai, resulting in the closure of her complaint,
Applicant’s Mother addressed a letter to Sr. PoliceInspector of Azad Maidan
Police Station, and thereby sought permission to sit
on "peaceful Protest Hunger Strike" on
16.01.2012 against the inaction of the police. A copyof the letter dated
02.01.2012 sent by the Applicant’s Mother to the Senior Police Inspector,Azad
Maidan Police Station is annexed heretoand marked as Exhibit “K”.
(J) Applicant’s
Mother Mohini Kamwanistarted her fast (Hunger Strike) from 16.01.2012 at Azad Maidan and was stationed there
for 3 days. She addressed aletter to various authoritiesinforming them that she
intends to continueher hunger fast for an indefinite time, till justice is
done. A copy of the letterdated 21.01.2012 sent by Bombay High Court Public Grievances Cell to Respondent No.2 ADG Ahmed
Javed, is annexed hereto
and marked as Exhibit“L”.
(K) As
aconsequence to the above said representation, a high ranking officer of
theAzad Maidan Police station visited Applicant’sMother and convinced her that
action will be taken on her grievances and she should not take any steps
thatcould be considered contrary to the law of the land. Applicant’s Mother
decided to call off her fast and gave the same in writing to the policeofficer.
Copy of the undertaking dated 24.01.2012 of the Applicant’s Mother wherein she
has very clearly stated that in her life of 77 years she did not breach any law
and she did not intend to doso at this stage of her life is annexed hereto and
marked as Exhibit “M”.
(L) That
The Applicant and his Mother were extremelysurprised to see twopoliceofficers,
one of them addressed as Kadam,accompanied by one lady police
officeraddressedas Ms Chikne, SENT
BY RESPONDENT NO.4LAXMAN KALE, at our doorstep at 8:30 AM on the morningof 25.01.2012. The Applicant andhis Mother were
informed that RESPONDENTNO.4 LAXMAN KALE HAD SENT THEM to register an FIR on
her complaintagainst Accused Karanis and
that she along with her son would have toaccompany them to the police station.
Since, it was early morning Applicant’s Mother asked them to proceedahead and
that she would be at the police station in half an hour. Applicantand his
Mother were told that they will berequired only for about an hour, therefore
the Applicant and his Motherleft her mentally challenged daughterbehind and
arrived at the Vashi Police Station at around 9:00 AM on25.01.2012.
(M) That, on
25-01-2012, Till 1:30PM Applicant and hisMother were made to sit by
RESPONDENTNO.4 LAXMAN KALE inside
the police station without any information or explanation and without any food
orwater. At about 2.30 pm, the Applicant and his Mother were escorted to the
court premises by RESPONDENT
NO.4 LAXMAN KALEalong with lady police officers, LYING AGAIN TO US THAT APP WILL
TELLTHEM TO REGISTER FIR UNDER WHICH SECTIONS and were made to sit on a bench
outside thecourt room of learned
JMFC.
(N) At
around4:45 pm the Applicant and his Mother were PUSHED BY RESPONDENT NO.4 LAXMAN KALEand
produced before the Magistrate and itwas only at this stage that we realized
that we were being touted asaccused persons and not as complainants.RESPONDENTNO.4
LAXMAN KALE FILED A FALSE CASE IN JMFC VASHI COURT STATING ON OATH THATMOHINI
KAMWANI AND HER SON WERE GOING TO COMMIT SUICIDE (???!!!) TO OBTAIN AFAVORABLE
ORDER FROM JMFC VASHI COURT AND HENCE, WE WERE SENT TO JUDICIAL CUSTODY FOR 3
DAYS TO KALYAN JAIL. This
in spite of the fact that the Applicant’sMother had givena clear undertaking to
Azad Maidan Police one day before on 24-1-2012 that shehad called off her
protest fast. Copy of the order dated 25.01.2012 passed bythe Learned
Magistrate, JMFC, Vashi Court in Outward No. 717/2012 is annexedhereto and
marked as Exhibit “N”.
(O) The Applicant
requested RESPONDENT NO.4
LAXMAN KALE that he be
produced beforethe Learned
Magistrate once again so that theMagistrate could be apprised of the facts,
insteadthe Applicant was handcuffed by Mr. Kadam at the order of Respondent No.4
Laxman Kale, and pushed intothe police van, along with his Mother. The
Applicant’s Mother requested Respondent
No.4 Laxman Kaleto atleast allow her to take an extra set of clean
clothes, articles of necessity,and ensure that her mentally challengeddaughter
who was alone at home is lookedafter by the neighbours, but this request was
also turned down by RespondentNo.4
Laxman Kale.
(P) That on27.01.2012, Applicant and his Mother
were produced before Learned Magistrate,where Respondent
No.4 Laxman Kale sought
extension of our detentionperiod, which was opposed by the us. On hearing
the submissions made by us,the Learned JMFC ordered release of the Applicant
and his Mother. Copy of theaffidavit dated 27.01.2012 of RespondentNo.4 Laxman Kale seekingextension of detention period
which also bears out the order of the LearnedJMFC is annexed hereto and marked
asExhibit “O”.
(Q) Following the
order of Learned JMFC, the Applicant and his Mother were taken back to Kalyan
Prison, for conducting release procedure. On the way to Kalyan Prison the
Applicant was again handcuffeddespite his protest and objection.
(R) That
after their release Applicant made a complaint tothe Respondent No.2 Ahmed Javed then
Commissionerof Police narrating
the above illegal incidence of being handcuffed at theorder of Respondent No.4 Laxman Kale.
Copy of the complaint made to the
Commissioner of Police by theApplicant dated 10.02.2012 is annexed hereto and
marked as Exhibit “P”.
(S) Your
Lordships, it is Pertinent toNote here that, Respondent
No. 5 SPIRaosaheb Sardesai has told people “Itold
my Bosses ADG Ahmed Javed and DCP Karad (Respondents No.2 and 1)NOT to
Arrest 79 year Mohini Kamwani and her son but they did not listen to meand
Laxman Kale was in a Hurry to get a Promotion and a Medal, so he AGREED
toArrest them by Hook or Crook”. That
is why Respondent No.5 SPI RaosahebSardesai was Transferred by Respondents No.
1 and 2 ADG Ahmed Javed and DCP P.Karad to Thane, BECAUSE HE REFUSED TO ARREST
US !!! and Respondent No.4 SPILaxman Kale, who Arrested us Illegally in a False
Case, has been given DGP’sMedal on 01-05-2013 and a Promotion as SPI In-charge
of Vashi Police Station on28-05-2013 (he was API at Nerul Police
Station).
(T) Your
Lordships, it is again Pertinentto Note here that Respondents No.1
and 2 Ahmed Javedand Purushottam Karad areOpenly LYING as I,Applicant Dilip Kamwani andmy 79
year Mother MohiniKamwani were
not Arrestedand Jailed in a SINGLE daybyRespondent No.4 SPI Mr. Laxman Kale as Respondents No.2 and1 Mr. Ahmed Javed and Purushottam
Karad are FALSELY CLAIMING that theynever knew and or are NOT Involved in our
Illegal Arrest, False Case,Forgery, Perjury, etc; Their Falsity can be
ex-faciely Provedfrom following Evidences. Applicant’s Mother Mohini Kamwani
sent 100s ofComplaints to Higher Authorities from 2010 onwardsand Hon. Prime
Minister has sent 60 Letters to Chief Secretary Maharashtra Govt., President of
India sent 3 Letters, MHA sent 3 Letters, Maharashtra Governorsent 7 Letters
and Hon. Bombay HighCourt also sent 1 letter to Mr. Ahmed Javed and all have
sent Copies tous. Then, after
so many Letters fromHigher Authorities, how can Respondent No.4, a mere SPI Mr.
Laxman Kale, Arrest79 year APPLICANT Mohini Kamwani and her son - WITHOUT
SPECIFIC ORDERS AND OR KNOWLEDGE OF HIS SENIOR
POLICE OFFICERS RESPONDENTS NO. 2 AND 1 MR.AHMED JAVED and MR. PURUSHOTTAM
KARAD,as they are Falsely Claiming. THE
RESPONDENTS NO. 1 TO 3 HAVE DELIBERATELY AND DISHONESTLYCONCEALED AND HIDDEN
THIS FACT FROM THIS HON. COURT.Annexed and markedas Exhibit “Q” (Colly.) is Copy of Letters sent by Higher
Authorities to CS Maharashtra Govt.and Respondent No.2 Ahmed Javed and Copies
to Mohini Kamwani.
THATRESPONDENTS POLICE OFFICERS NO.1, 2, 4 AND 5 HAVE TAKEN A
REVENGE ON APPLICANTAND HIS MOTHER AND CRIMINALLY CONSPIRED AND ARRESTED US
ILLEGALLY AND JAILED USBY FILING A FALSE CASE IN JMFC VASHI COURT THAT WE WERE
GOING TO COMMITSUICIDE, BECAUSE MOHINI KAMWANI SENT 100+ COMPLAINTS TO HIGHER AUTHORITIESAGAINST
THEM FOR NOT TAKING ACTION AND PROTECTING OUR RICH AND POWERFUL ACCUSEDKARANIS
BECAUSE KARANIS HAD BRIBED THEM AS TOLD TO US BY CM’S SECRETARY ANDTHAT THEY
WERE “MILKING THE COW”.
(U) That Aggrievedby the Criminal
Conspiracy of Respondents No. 1, 2, 4 and 5, our OriginalAccused, and their
illegal action the Applicant and his Mother approached theHon’ble Bombay High
Court against Respondents No. 1, 2, 4, 5,Principal Secretary Home Dept.
and State ofMaharashtra by filing
a Writ Petition (Criminal) No. 1857 of 2012 seekingjustice from the Hon’ble
Court against the illegal action and gross violationof our fundamental rights.
Copyof the Criminal Writ Petition being Writ Petition (Crl.) No. 1857 of 2012
filedby the us before the Hon’ble High Court of Judicature at Bombay is
annexedhereto and marked as Exhibit
“R”.
(V) RespondentNo.5
SPI Raosaheb Sardesai, Co-conspirator of Respondents No.1 and 2, filed aFALSE
Affidavit on Oath on 03.08.2012 saying that Mohini Kamwani and her sonwere
Arrested because they were going to Commit Suicide, which has beenREJECTED By
Hon. Bombay High Court. Copy of the affidavit dated 03.08.2012 bythe
Accused in Criminal Writ Petition No. 1857 of 2012 is annexed hereto andmarked
as Exhibit “S”.
(W) On 29-8-2012,
Applicant’s Mother filed a Rejoinderto
Respondent No.5 R. Sardesai’s Affidavit, clearly
stating that mycomplaint was about Threats by Accused Karanis and NOT about Rs.
1.36 Crore, asalso FALSELY Alleged by Respondents No.1 to 5, and that
we were NOTgoing to Commit Suicide. Annexed hereto and marked asExhibit
“T” isa Copy of Mohini
Kamwani’s Rejoinder.
(X) The
Hon’ble Bombay High Court heard the Petition on20.11.2012 and found that Prima Facie case is
made out by us thatdirections of the Hon’ble Supreme Court in the case ofD.
K. Basu Vs. State of West Bengal [(1997)1 SCC 416] have not
been complied with. The Court said that “The
affidavit filed (by Respondent No.5 R.Sardesai) is totally unsatisfactory” and directed that the
concerned officer (Respondent
No.5 R.Sardesai) toremain
present on 23.11.2012 along with
entire record. Copy of the Order dated20.11.2012 passed in Criminal
Writ Petition No. 1857 of 2012 before the Hon’bleBombay High Court is annexed
hereto and marked as Exhibit
“U”.
(Y) That
on23.11.2012, the Hon’ble High Court perused the documents filed by the
assistantpublic prosecutor and came to the finding that the station diary entry no.26 does not make any reference to usthat
we had declined to sign the arrest form. Further
the affidavit of Respondent No.5 then Senior PoliceInspector Rao Saheb Sardesai
dated, 03.08.2012 does not make any reference tothe arrest form being drawn. “We have perused the originalarrest form of the
petitioner and her son. Prima facie, it appears to usthat endorsement that
arrestees declined to sign the same has been subsequentlymade as the
handwriting appears to be different than the handwriting in whichvarious
details have been filled in (FORGERY). In any case, additionalaffidavit
cannot be permitted to be filed to fill up any lacuna”.Copy of the
orderdated 23.11.2012 passed by the Hon’ble High Court of Bombay in Criminal
WritPetition No. 1857 of 2012 is annexed hereto and marked as Exhibit “V”.
(Z) On22.02.2013, EVEN AFTER 2 ABOVE CLEAR
ORDERSPASSED BY HON. BOMBAY HIGH COURT, Respondent No.4 Laxman
Kale,Co-conspirator of Respondents No. 1 and 2, also filed another FALSEadditional affidavit on
Oath in Criminal Writ Petition No. 1857 of 2012 saying that Mohini Kamwani and her
son wereArrested because they were going to Commit Suicide, which has ALREADY
beenREJECTED By Hon. Bombay High Court
and attached as Exhibit A
therein ,RespondentNo.1 DCP Purushottam Karad’s Letter
dated05-07-2012 to Hon. Bombay High Court, which is a FALSE Reply on BEHALF of
RespondentNo.2 Mr. Javed Ahmed, to Hon. Bombay High Court’s Letter to then Navi
MumbaiPolice Commissioner Mr. Ahmed Javed, REPEATING the same LIE that Mohini Kamwani and her son were
Arrestedbecause they were going to Commit Suicide. THIS IS A CLEAR PROOF
THATRESPONDENTS NO.1 AND 2 HAVE CONSPIRED WITH RESPONDENTS NO. 4 AND 5. HON. JMFC VASHI MAGISTRATE TOOK
AN EXTRA COPY OFTHIS DCP P. KARAD’S LETTER FROM US, BEFORE ISSUING THE SAID FIR
ORDER AGAINST RESPONDENTSNO.1 AND 2, ALONGWITH 2 SPIs. + Respondent No.1 inhis said
Reply on Behalf of Respondent No.2 is Also Lying in Para 13that Mohini Kamwani and
her son were called from 16-01-2012 to 19-01-2012to Vashi Police Station by
SPI, ACP and by Respondent No.1 himself but they didnot listen – ENTIRE AZAD MAIDAN POLICE AND
SPECIAL BRANCH OFFICERS AREOUR WITNESSES THAT MOHINI KAMWANI WAS SITTING AT
AZAD MAIDAN FOR HER HUNGERSTRIKE FROM 16-01-2012 TO 24-1-2012, SO HOW DID SHE
GO TO VASHI POLICE STATION???!!!. Copy
ofthe additional FALSE affidavit dated 22.02.2013 filed by Respondent No.4
LaxmanKale with Respondent No.1 DCP Karad’s False Reply vide Exhibit A therein
inCriminal Writ Petition No. 1857 of 2012 is annexed hereto and marked as Exhibit“W”.
(AA) Applicant’sMother
Mohini Kamwani filed Amendment in her Crim. WP 1857/2012 dated 27-2-2013once
again explaining in detail with Exhibits therein about Criminal Conspiracyof
Respondents No.1 and 2 with Respondents No.4 and 5 to Protect our AccusedKarani
Family members, that is why Police ONLY gave 2 ‘Soft’ Notices toKaranis; Why 2nd Notice toKaranis for Repeat Offences
of CONTINUOUSELY Threatening 79 year Senior CitizenMohini Kamwani ? Annexed and marked as Exhibit“X” is Copy of the said Amendment.
(BB) Applicant’s Mother filed a rejoinder
to theadditional reply filed by Respondent No.4 and 5 Laxman Kale and DCP
P. Karad’s Letter as Exhibit A therein on22.02.2013, with clear Prayer toSuspend and
Prosecute Respondent No. 1, 4 and 5 DCP P. Karad, Laxman Kale andR. Sardesai,
for their Criminal Conspiracy to Arrest and Jail the Applicants byHook or Crook
to Silence them so that Mohini Kamwani Stops complaining about Rich and
Powerful Accused Karanis whom Police was Protectingand violation of our
fundamentalrights which were contrary to the law laid down in D. K. Basu case.
Copy of therejoinder affidavit dated 01.03.2013 filed by the Applicant’s Mother
inCriminal Writ Petition No. 1857 of 2012 is annexed hereto and marked as Exhibit“Y”.
(CC) On
28.03.2013 and 30.03.2013 we sought amendmentsin the writ petition with regard tothe prayers
seeking Mandamus Writ/FIR against Respondents No. 1, 2, 4 and 5 DCPP. Karad,
ADG Ahmed Javed, SPIs Laxman Kale and R. Sardesai, and that they beimmediately
Suspended and Prosecuted for Illegally Detaining and Arresting us andfor Perjury
by seeking detention order and judicial custody from JMFC VashiCourt by filing
a False case and Affidavit that Mohini Kamwani and her son weregoing to Commit
Suicide. They also sought that the Respondents no. 1, 2, 4 and5 should be
Suspended and Prosecuted for Planned Criminal Conspiracy and deliberate
dereliction of duty (as
Bombay High Court Public Grievances Cell had sent a letter on21-01-2012 to
Respondent No.2 then Navi Mumbai Police Commissioner Javed Ahmadand Respondent
No.1 DCP Vashi Zone 1 Purushotam Karad has submitted a FalseReply to that
through additional affidavit of Respondent No. 4 SPI Laxman Kale
dated22.02.2013 by way of Exhibit ‘A’ therein) and Forgery, Filing False
Sworn Affidavits/Replies, etc. Copy
of the amendments dated 28.03.2013and 30.03.2013 sought and allowed in Criminal
Writ Petition No. 1857 of 2012 isannexed hereto and marked as Exhibit “Z”.
(DD) That TheHon’ble High Court vide its final
Judgment and Order dated 13.06.2013 partlyallowed the Criminal Writ Petition
No. 1857 of 2012 granting compensation ofRs.3 lac each to Applicant and his
Mother for their illegal arrest anddetention saying “…Therewas no impending
threat of the petitioners for committing suicide and inpassing, therefore, we may say that their
arrest and detention itself was not justified.However, the fact remains that
the “authorities” (whichdefinitely
include Respondents No.1 and 2 DCP Purushottam Karad and ADG Ahmed Javed) have committed a
blatant violation ofthe directives of the Supreme Court in D. K. Basu's case
and the petition onthat score deserves to succeed”. Nowhere in the entireFinal
Judgment Order has Hon. Bombay High Court given any relief to or Absolvedany
Respondent, including Respondents No. 1 and 2 DCP P. Karad and ADG AhmedJaved.
Annexed and markedas Exhibit
“Z-1” is aCopy of Final
Judgment Order of Hon. Bombay High Court dated 13-6-2013.
(EE) That theHon’ble Bombay
High Court in the order dated 13-06-2013 stated, related toprayer of
Petitioners for issuance of a writ of mandamus directing the policeto register
a offence on the basis of the complaint of the first petitioner in that
respect,Hon’ble high court referred the petitioners to avail
alternate remediesavailable to them in law. Copy of the Hon. Bombay High Court
Order of Final Judgment is already annexed and marked asExhibit “Z”.
(FF) It is also
Pertinent to note here,that the Respondents
No. 1, 2, 4 and5 along
with our other Original Accused had
filed an SLP No. 6534/2013 in Hon. Supreme Court to challengethe said impugned
Hon. Bombay High Court Final Judgment Order dated 13-6-2013,BUT HON. SUPREME
COURT HAS DISMISSED THEIR SLP ON 23-9-2013 and NOT given themany Relief. Annexedand marked as Exhibit “Z-2” is a Copy of Order of SC Dismissal of
their SLP on 23-9-2013. Conviction
of Petitioners No.1 and 2 with 2 SPIsattained Finality when SC dismissed their
SLP and that has become the Law andno one can deny or change it.
(GG) Moreover,Maharashtra
DGP has also clearly said vide Letter dated 2-9-2013 that necessaryaction will
be taken against 4 Guilty Police Officers, Respondents No.1, 2, 4and 5 DCP P.
Karad, ADGP Ahmed Javed, Laxman Kale and Raosaheb Sardesai, afterthe outcome of
their SC SLP which has long back been Dismissed by Hon. SC. Annexed and marked as Exhibit “Z-3” is a Copy of Letter from DGP’s Office.
(HH) As NoAction was taken against 4Guilty Police Officers Respondents
No.1, 2, 4 and 5 DCP P. Karad, ADGP AhmedJaved, Laxman Kale and Raosaheb
Sardesai, as per DGP’s Letter; Hence as per theDirections given by the Hon.
Bombay High Court in the Final Judgment Orderdated 13-6-2013, Applicants filed
a Complaint u/s 156(3) CrPC for Registrationof FIR against Respondents No.1, 2,
4 and 5 in JMFC Vashi Court on 30-1-2014and Hon. Learned JMFC Vashi Magistrate
has passed the said Order on 1-2-2014.Annexed and marked as Exhibit “Z-4” is a Copy ofOrder dated 1-2-2014
passed by Hon. JMFC Vashi Court for registration of FIRagainst Respondents
No.1, 2, 4, and 5 as per the directions of Hon. Bombay HighCourt in CrWP No.
1857/2012.Afterfearing the proposed action resulting from the said FIR
Order against them, theRespondents No.1 and 2, our Original Accused in Crim. WP
1857/2012, andRespondent No.3, are trying to Criminally Misuse the Process of
Court by filing the FALSE Criminal Writ Petition No. 427/2014 by Dishonestly
Concealing theMaterial Facts. The material available on record and the
documentsfiled by the Applicant makes it Prima Facie clear that the Respondent
No.1 to 5had Conspired with each other and created False, Misleading and
FabricatedEvidences in order to Mislead this Hon. Court and thereby committed
Offencesagainst Administration of Justice, Criminal Abuse of Court Process and
CriminalContempt of Court.
(II) Inour
Crim. WP 1857/2014 Petitioners No.1 and 2 DCP P. Karad and Ahmed Javed werealso
our Original Accused; but they did Not file any Reply Affidavit, only 2SPIs
filed the Reply Affidavits which were found False by the Hon. Bombay HighCourt. Hence the allegations against
RespondentsNo.1 and 2 are Proved.
AIR 1964 Page No. 72 …When allegations of Malafide
are made againstMinister and no Reply is filed by the Minister but Reply filed
by theSecretary, this means that Malafied have been Proved against Minister.
AIR 1988 Allahabad Page No. 32 … Subordinate Not to
file Reply when Senior Officersare Accused.
10. That
Applicantand his Mother had submitted most of the above Exhibits, Documents,
Proofs,Respondents’ False Reports/Replies, False Case and Sworn Affidavit in
JMFCVashi Court, our entire CrWP 1857/2012 with Amendments, Respondents’
False Affidavits in HC and our Rejoinders,DGP’s Letter, SC Dismissal Order for
Respondents’ SLP in SC, etc., TO
THE HON. JMFC VASHI COURT ASALSO
TO HON. BOMBAY HIGH COURT EARLIER IN OUR CrWP 1857/2012, required to Provethe
Falsity and Dishonesty of the Respondents and NEVER Hidden any Facts, but on the Contrary it is the
Respondentswho have Conspired with each other and Filed the False CrWP
427/2014, DishonestlyConcealing
the Material Facts, createdFalse,
Misleading and Fabricated Evidences in order to Mislead this Hon. Court,LIKE
THEY HAVE DONE IT BEFORE ALSO IN JMFC VASHI COURT, HON. BOMBAY HIGH COURTIN OUR
CrWP 1857/2012 AND IN SC.
11. POINT
TO POINT REPLY FOR PETITIONERS FALSE ALLEGATIONS – WITH PROOFS OFTHEIR FALSITY:
Para D and E Page 8 Statement: Respondent No.1
Complained of Amounts Due to her from Accused Karanis hence she was informed
that this is a Civil Matter.
PROOFS OF THEIR fALSITY: Police Complaint of Mohini
Kamwani dated 23-12-2010 of Threats, etc. has got Nothing to do with Past Dues
of Accused Karanis, as explained in:Exhibits A, E, F, G, T, X, Y, Z, Z-1.
Para E Page 9 Statement: There is no whisper/allegations against
Petitioners in Respondents Complaint to JMFC Vashi Court.
PROOFS OF THEIR FALSITY: Para 23 of Respondents
Complaint to JMFC Vashi Court +JMFC Exhibits A, D, I, N, O, P, and Exhibits
B, C, F (Colly.), G, I in Reply Affidavit filed by Applicant Dilip
Kamwani.
Para F Page 9 Statement: Respondents were going to Commit
Suicide.
PROOFS OF THEIR FALSITY: Undertaking given by Respondent No.1 to
Azad Maidan Police station on 24-1-2012 that she will NOT commit suicide and
has Ended her Hunger Strike and gone home to Vashi + Exhibits M, R, T, X, Y, Z, Z-1.
Para 4 Page 11 Statement: Petitioners
say that if allegations in Complaint are perused, at the most it is about
illegal arrest and Wrongful detention and preparation of arrest
Panchnama, which is in discharge of official duty…
PROOFS OF THEIR FALSITY: Self Admission of Illegal Arrest and
Wrongful Detention + Making a False Panchnama, but it is NOT Official Duty, it
is OUTSIDE of Duty, to make a False Panchnama.
Para 5 Page 12 Statement: Petitioners
are High Ranking Officers …Respondents have taken Revenge…Their Reputation will
be tarnished…No Conspiracy u/s 120B…
PROOFS OF THEIR FALSITY: Respondent No.1 Mohini Kamwani is a 79
year Senior Citizen COMPLAINANT …Police has already Tarnished our Reputation by
Arresting and Jailing us ILLEGALLY and it has come in Newspapers… Hon. Bombay
High Court has already Convicted the Petitioners No.1 and 2, DCP P. Karad and
ADG Ahmed Javed after giving them Fair Hearing for 1 year …They did NOT file
Reply affidavit to DENY 120B and their involvement, and SC also Dismissed their
SLP + DGP has also said necessary action will be taken against them.
12. In view of the above mentioned background and inthese
Facts and Circumstances, the Applicant is approaching this Hon. Court byfiling
the present Application under Section 340 CrPC. There is no otheralternate,
speedy and efficacious remedy available to the Applicant than thepresent
Application which is filed on following amongst the other Grounds whichare without
prejudice to each other:
13.GROUNDS FOR INITIATION OF PROCEEDINGS UNDER SECTION340 OF
CRIMINAL PROCEDURE CODE:
(a) That theRespondents No.1 to 3 Deliberately filed
the False CrWP 427/2014, with FalseDocuments, Exhibits, Sworn Affidavit, etc.,
to Fraudulently Misguide this Hon.Court to obtain a favorable ad-interim relief
of Stay Order dated 6-4-2014 inorder to Stop the registration of FIR against
Respondents No.1, 2, 4 and 5, asOrdered by Hon. JMFC Vashi Court dated
1-2-2014. Hence the Applicant files thisApplication and Respondent No.1 to 3
and 4 and 5 are liable to be Prosecutedu/s 191, 192, 193, 196, 199, 200, 201,
217, 218, 219, 465, 466, (467, 468,)471, 474 read with 120(B) of Indian Penal
Code for their Illegal acts.
(b) Section
340 CrPC reads as under:
(1)When, upon an application made to itin this behalf or
otherwise, any Court is of opinion that it is expedient inthe interests of
justice that an inquiry should be made into any offencereferred to in clause
(b) of sub- section (1) of section 195, which appears tohave been committed in
or in relation to a proceeding in that Court or, as thecase may be, in respect
of a document produced or given in evidence in aproceeding in that Court, such
Court may, after such preliminary inquiry, ifany, as it thinks necessary,-
(a) record a finding to that
effect;
(b) make a complaint thereof in
writing;
(c) send it to a Magistrate of
the first classhaving jurisdiction;
(d) take sufficient security for
the appearanceof the accused before such Magistrate, or if the alleged offence
is non-bailable and the Court thinks it necessary so to do, send the accused
incustody to such Magistrate; and
(e) bind over any person to
appear and giveevidence before such Magistrate.
(2) The power conferredon a
Court by sub- section (1) in respect of an offence may, in any case wherethat
Court has neither made a complaint under sub- section (1) in respect ofthat
offence nor rejected an application for the making of such complaint,
beexercised by the Court to which such former Court is subordinate within themeaning
of sub- section (4) of section 195.
(3) A complaint madeunder this
section shall be signed,-
(a) where the Court making the
complaint is a High Court, by such officer of the Court as the Courtmay
appoint;
(b) in any other case,by the
presiding officer of the Court.
(4) In thissection,"
Court" has the same meaning as in section 195.
(c) That the Applicant states and submits that the filing False Affidavit or making False
Statement on Oath is a Serious Offence, the Hon. Apex Court, Hon High Courts
discussed the said issue in followingdecisions;
(i) M/s A-One Industries Vs. D.P. Garg (Delhi
HighCourt) reported in 1999 Cri. L J. 4743
“B)Filing of False Affidavit – Effect of – It needs to be
highlighted that filing a False Affidavit or giving aFalse Evidence in Judicial
proceeding is a serious matter – Supreme
Court in AIR 1995 SC 795 observedthat
“….filingof false affidavit or making false statement on oath in
court aims at strikinga blow at the Rule of law and no court can ignore such
conduct which has thetendency toshake
public confidence in the judicial institutions because the very structureof an
ordered life is put at stake. It would be a great public disaster if
thefountain of justice is allowed to be poisoned by anyone resorting to filing
of false affidavits or
giving false statements and fabricating false evidence in a
court of law. The stream of justice has to be kept clear and pureand anyone
soiling its purity must be dealt with sternly so that no one can bepermitted to
undermine the dignity of Court and interfere with due course ofjudicial
proceedings or the administration.”
(ii) Pritesh Vs.
State ofMaharashtra (SCC) reported in 2002 Cri. L. J. 548
(iii) AIR
1927 Allahbad 45 Full Bench
(iv) Kapol Co-op
Bank Ltd. Vs.State of Maharashtra reported in 2005 Cr. L. J. 765
(d) That theApplicants state and submit that
Respondents No. 1 to 5 made False Statementson oath and also are trying to
Prejudice this Hon. Court against the Applicant and his Mother. Therefore it is
also necessary to initiate Contempt proceedings against Respondents No. 1 to 5.
(e) Hon.
Supreme Court in the case of (2010) 3SCC (Cri) 574 UP Resident Employees Co-op
Housing Society and Ors Vs. New OkhlaIndustrial Development Authority and Anr held as follows:
A. Contemptof
Court Act 1971 – S.2(c) - Criminal Contempt – Filing of False Affidavit
intentionally– Held, amounts to Contempt of Court – On facts held, P by making
a FalseStatement on Affidavit with the intention of inducing the Supreme Court
not topass any adverse order against Noida Authority had committed Contempt of
Court.(para 7)
B. Contemptof
Court Act 1971 – S.12 – P filing Affidavit intentionally – He submittingthat
apology tendered should be accepted and/or in any event fine would suffice–
Held on facts. Apology tendered only after it was worthless since it was
notgenuine and bona fide and was tendered only after it was found that false statement
had an attempt to get out of consequences of having been caught –Hence sentence
of simple imprisonment for one week imposed (para 9 to 11)
(f) The Applicant has no other equally efficacious and alternative
remedy than to approach this Hon. Court for securing the ends of Justice and it
is just fair and essential that Applicant and his Mother be relieved from the
clutches of irregular and futile litigation.
(g) No otherpetition except present petition has
been filed by the Applicant either beforethis Hon. Court or before any other
Court in India in respect of the subject matter of the present petition.
14. PRAYERS:
Therefore the Applicant Prays that this Hon. Court be pleased
to:
a. Admit and allow the present Application;
b. Record a finding that Respondents No. 1 to 5
havein connivance with each other filed False case, made false statements on
oathand filed false affidavit, committed Forgery, Perjury, etc. before this
Hon.Court to mislead the Court;
c. Initiate proceedings u/s 191, 192, 193,
196, 199,200, 201, 217, 218, 219, 465, 466, 471, 474, read with 120(B) of IPC
as perprovisions of section 340 of CrPC against Respondents No.1 to 5 and make
acomplaint in writing and send it to the Magistrate of First Class having jurisdiction;
d. Send Respondents No. 1 to 5 to custody in view
ofsection 340 (1) (d) of CrPC as the offence u/s 471 is non baillable one;
e. Take suo motocognizance of contempt
of Court committed by Respondents No. 1 to 5 and proceedagainst them under
provision of contempt of Court’s Act;
f. Grant acompensation of Rs.
1 Crore to the Applicant and his Mother for the mentaltorture, annoyance,
inconvenience caused to the Applicant and his Mother due to filing a False Writ
Petition by Respondents No. 1 to 3;
g. Grant any other reliefs as this Hon. Court
deemsjust, fit and proper;
h. Provide cost to the Applicants.
FOR THIS ACT OF KINDNESS AND JUSTICE APPLICANTS ASIN DUTY BOUND
SHALL EVER PRAY.
Place: Mumbai
Date: 5-4-2014
Applicant in Person… DilipKamwani …
Hope this will help you
guys....................all the best
Issued in Public Interest by
ATUR CHATUR COUNSELLING *
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*Disclaimer:-
Atur Chatur is my pen name. I am Delhi University Ex-Lecturer. I am NOT a
lawyer. I am a PIP (Party-in-Person). I filed Perjury (fraud on court) on lies
of my wife with proofs. I filed court case against Police/CAW. I filed
complaint against Judge Family Court (JFC) due to unethical practices/ gender
discrimination which resulted in JFC Recusal. I also became a RTI Activist. I
acquired all other knowledge/info after false 498a/DVC/Divorce/ CAW cases were
filed against me & entire family & my income greatly affected so I have
chosen this profession to support my family & also to support my one man
fight against gender discrimination in India. Counselling Fees = 2,000 only for
approx one hour talking to you & suggesting you few methods like RTI or
other methods which is based on my knowledge which I acquired while fighting
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I am a NRI. I am delighted that I used the noble assistance of atur chatur sir. thank you sir for being there to help all the non resident Indians like me from all over the world
ReplyDeleteI am Mika from New Delhi.
ReplyDeleteI am suffering from police atrocities.
I want to file perjury against cops as false deposition has been made by the dirty cops against my elder brother in a matrimonial dispute involving 420 IPC cheating crime.
any suggestions please?>