Coming down heavily on an investigation officer of the Bund Garden police station in Pune, the Bombay High Court has asked the Deputy Commissioner of Police (DCP) concerned to explain under which law is an “NC Summary” filed before a local magistrate in the first information report (FIR) of a flat grabbing case.
An NC report is usually filed by the police when the alleged offence is non-cognisable and hence there is no need to register an FIR.
The HC has kept the petition for hearing on March 17.
HC asks Bund Garden DCP for answers
A division bench of Justices Ajey Gadkari and Prakash Naik observed, “We direct the DCP having jurisdiction over the Bund Garden Police Station, Pune, to explain under which provision of law ‘NC Summary’ report is filed after registration of crime before the learned magistrate.” The court passed the order while hearing a petition filed by businessmen, Ravi Thadaney, 56 and Raju Thadaney, 59. Their Advocates Aashutosh Srivastava and Sahil Rathod argued that one Abdul Hamid Jafri sold their flat in Modi Khana area by forging documents.
What is the flat grabbing case all about?
Thadaneys had shifted from the flat at Modi Khana to separate houses in Pune before Covid struck. They left the flat intact with furniture with the intention of visiting it occasionally. When there was relaxation of movement, Raju Thadaney went to check on the flat and found that their flat was occupied by some strangers, said Srivastava.
On inquiry, Thadaneys learnt that Jafri claimed to own the place and sold the flat by allegedly forging documents. The records showed that the sale deed allegedly registered between Jafri and the “buyers” was already registered under some different names and for a different property, added Srivastava.
No FIR despite complaints
Despite complaints, the Bund Garden police did not register an FIR for over a month. Only after a written complaint was sent to the Commissioner of Police, Pune, the FIR was lodged. However, no further action was taken and hence the petition was filed in the HC.
The HC had earlier issued a notice and asked for probe status. During the hearing on March 3, Additional Public Prosecutor SS Hulke informed the HC that “NC Summary” was filed in the case.
The judges questioned under which provision of law such a summary was filed and asked the DCP to “personally look into” the matter.
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