Trader hauls top cop to court over fraud case

SoBo businessman files criminal petition in High Court against Addl Commissioner (Crime Branch) for interfering in investigation into alleged fraud by apparel store owner

A high-ranking police official of the Crime Branch has been dragged to court by an established south-Mumbai businessman, who has accused the cop of interfering with an investigation into a fraud case in which he is the complainant.


Deven Bharati, Addl CP (Crime Branch)

Deven Bharati, additional commissioner of police (Crime Branch), has run into trouble after Anmol Girdharilal Kashmiri filed a criminal writ petition last week in the Bombay High Court against Bharati and ACP Pradeep Shinde, also attached to the Crime Branch, for exerting unwarranted influence in the investigation, which was under the jurisdiction of the city police.

Kashmiri (38) is the owner of Pen Workers, a firm manufacturing fitness equipment and office furniture in Palkhiwala House in Dhobi Talao. According to the petition (copy available with MiD DAY), Kashmiri had registered an FIR (under Sections 409, 420 r/w 34 of IPC) against Vipul Agrawal, owner of apparel shop Vipul Saree, in Vanrai police station, Goregaon (E).

On May 31, the Vanrai police picked up Agrawal from his Colaba residence. But after reaching the police station, released him without any action. When Kashmiri asked them why, the cops allegedly said that they were following orders from Bharati, who was pressurising them not to arrest Agrawal.

According to the petition, Bharati sent ACP Shinde to the police station to rescue Agrawal from being arrested. Shinde arrived at the station and escorted Agrawal back in a private car (number MH-01-BA-4166). Around 9.36 pm, Kashmiri complained to the police control room of Shinde's presence in the police station.

"I approached senior cops who told me that Bharati had asked them to go slow in the matter," said Kashmiri.
Allegedly, Bharati also called Kashmiri's wife, Isha, to request her to convince her husband to take the complaint back.
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"Bharati called me 17 times. He said, 'Sister, forgive Agrawal. I'll settle the matter between you later,'" said Isha. "Since then, he hasn't answered any of my calls."

The alleged fraud
According to the petition, Agrawal visited Pen Workers factory in Goregaon in 2007. He related to Kashmiri that his saree business was not doing well and exhibited an interest in joining Kashmiri.

After meetings and negotiations, it was decided that they would continue business jointly under the name of M/S Excel Polymeters and Packaging Pvt Ltd, with its offices at Vashi on a property owned by Kashmiri; Kashmiri would be the director of the company.

Following that, Kashmiri transferred Rs 2.4 lakh in Excel's account, and supplied furnitutre material to the new firm to the tune of Rs 7.24 lakh.

Between July and September in 2008, a total of Rs 38,15,556 had been transferred to Excel's account for business purposes.

Soon after, however, Agrawal allegedly turned back on the deal he refused to acknowledge Kashmiri as firm director, asked him never to come to Excel premises again, and refused to return the money transferred to excel's account. That's when Kashmiri approached the police, and subsequently moved the Court.