The Judicial Magistrate First Class, Mapusa has directed Anjuna police to register an FIR against then police inspector Paresh Naik and investigate the same and forward the report to the court within 30 days from the date of order.
The order was passed in connection with an application moved by Nilesh Dabholkar. The order was passed by JMFC judge Shantashri Sinai Kudchadkar after hearing arguments of both the parties.
It may be recalled that on November 21, 2014, applicant Nilesh Dabholkar had approached Anjuna police to lodge a complaint stating that he is a mundkar of the house in the property under survey number 381/12 and in possession of the property admeasuring 110 square meters under the same survey number and that one R Pednekar, a resident of Camurlim, alongwith three unknown persons, had forcefully and illegally barged into the property and threatened him of forcefully dispossessing him of the same.
The complainant had alleged that the accused also committed theft of two sickles and two spades. However, despite a written complaint, Anjuna police registered the offence on November 27, 2014. The applicant alleged that the then PI Paresh Naik had intentionally delayed the registration of the FIR and, this delay gave advantage to the alleged accused to seek anticipatory bail.
Dabholkar had also alleged that Anjuna police did not interrogate the alleged accused Pednekar and failed to obtain names of the other three accused. Further it was also alleged that the police officer failed to record statement of eyewitness. The Anjuna police instead of filing chargesheet against the alleged accused filed a report under Section 173 CRPC to the court granting ‘A’ summary to close the case, it was stated.
Since Anjuna police also failed to register an FIR against then PI Paresh Naik under Sections 167, 217 (Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture) readwith 218 of IPC inspite of complaint; on February 19, 2016, the complainant approached Superintendent of Police, North Goa with a complaint, however, no FIR was registered and then he turned to Mapusa court.
Anjuna police in their say stated that an FIR was registered on November 27, 2014 as regards a complaint from Nilesh Dabholkar and during preliminary investigation it was revealed that the property was not in the name of Dabholkar as he was unable to produce any documents to substantiate his right over the property.
Police further added that no eye witnesses had come forward to record their statements.
After hearing both the parties, judge Shantashri Sinai Kudchadkar directed Anjuna police to register an FIR and submit a report before court on or within 30 days from the date of order.
Advocate V Parab argued on behalf of the applicant Nilesh Dabholkar and advocate S Talawnekar argued on behalf of the Anjuna police.