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No FIR against 'rogue' cops despite court order

Kandivli police yet to register FIR against a senior inspector and his subordinate who allegedly threatened a complainant and booked him on false charges

The Kandivli police have failed to take action against an inspector and his subordinate for threatening a complainant, despite a court order to do so, alleged the complainant.

On August 25, the metropolitan magistrate court in Borivli had ordered (copy with MiD DAY) the Kandivli police station to register an FIR against its Senior Inspector Hareshwar Pimple and Sub-inspector V H Sawant.


Cops in trouble: Kandivli resident Dr Prabhu Rathod complained to the
metropolitan court in April that the cops had refused to register his
complaint in a land grabbing case. representation pic


The order came after Dr Prabhu Sevaji Rathod, a resident of Sharma compound, Kandivli (West), complained to the court in April that the two had refused to register his complaint in a land dispute matter. Instead, Sawant has been constantly threatening Rathod to withdraw his complaint, Rathod further alleged.

The inspectors have also been accused of registering a false FIR against Rathod in the case.

"The court has ordered the Kandivli police to register an FIR against Pimple and Sawant under Sections 119, 120 (b), 143, 166, 167, 211, 219, 324, 341, 355, 387, 447, 500, 506 (ii) and 34 of IPC, but the police officers are not taking the matter seriously," said Avinash Dubey, lawyer of the Dr Rathod.

According to advocate Dubey, Rathod (48), an ayurvedic doctor, is in the business of making compost fertilizers on a plot of 10,000 sq ft near his house in Kandivli. But a man from his locality claimed ownership over it; he started threatening and abusing Rathod, and grabbing his land, he alleged.

On several occasions, Rathod approached the Kandivli police but they turned him away, refusing to report his grievance. While Sawant claimed that he was under duress from higher-ups to refrain from acting in the case and forced him to revoke his complaint (see box), Pimple hurled imprecations at him.

The tables turned on Rathod on February 26, when Pimple registered an FIR against him under several sections of the IPC. "I was running from pillar to post for registering an FIR against the people who had encroached my land but was shocked when Pimple informed me that an FIR had been registered against me," said Rathod.

While Rathod approached the Borivli court in April seeking action against the cops, in October, he moved the High Court to quash the 'false FIR'. In a respite for him, the court ordered the police not to take any action against Rathod, and also stayed the possession of the disputed land with him.

No action yet
On September 16, Rathod sent reminders to the commissioner, additional commissioner, and deputy commissioner to register the FIR against the duo but the police have not taken any action as yet.

"My client has several transcripts of conversations (copy with MiD DAY) in which Sawant and Pimple have threatened him to withdraw the complaint. We also have audio CDs of conversations where Sawant is heard pressurising Rathod to vacate the plot," said Dubey.

"Now I am going to file a contempt of court case against Pimple and Sawant," Dubey said.

The other side
Said Senior Inspector Pimple, "I don't know about any court order. I have not received any order to register an FIR against myself." He added, "I have registered an FIR against Rathod, but he is absconding. I could not find him as he has given a bogus residential address."

When MiD DAY asked him to clarify further, he said, "Ask Rathod about the truth."

Excerpts
From the transcripts of conversations between Sawant and Rathod, which the latter claimed are threatening, here are a few abstracts:

Feb 21:
Sawant: Empty the plot or I will get all your people working on the land arrested and jailed.

Feb 22 (after Rathod's court complaint)
Sawant: I am under a lot of pressure from the higher-ups. People who are opposed to you in the land dispute have big contacts. The matter has reached the DCP. I even have the home minister's letter �I am only doing what my seniors have told me to do. Why did you drag my name in the case?

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