HC to cop: ‘Malicious’ chargesheet, why shouldn’t disabled NDA staffer get ₹10L? rosy.seque...@timesgroup.com Mumbai : Taking a serious view of a police officer “maliciously” filing a chargesheet against a disabled employee of National Defence Academy (NDA), the Bombay high court questioned why he should not be directed to pay Rs 10 lakh compensation to the staffer. Justices Nitin Sambre and R N Laddha also directed that a contempt notice be issued, through Pune police commissioner, to investigating officer Anand Pagare for ignoring a February 2019 direction to reply whether he had verified the record of Sassoon Hospital regarding Kamal Tiwari’s handicap certificate before filing the chargesheet. The 41% disability certificate issued to Tiwari in December 2012, was referred bythe NDA for verification to the hospital. Since the original record pertaining to the certificate was not traceable by the hospital, the NDA, in May 2016, lodged a complaint with Khadakwasla police station alleging that Tiwari had produced a forged handicap certificate. Tiwari was booked under the IPC relevant sections for forgery for the purpose of cheating and using as genuine a forged document. In September 2016, Sassoon Hospital wrote to Pagare that the original record of the disability certificate has been traced. Tiwari’s advocate argued that Pagare ignored this communication, and proceeded to file the chargesheet in July 2017, thereby initiating malicious prosecution. On February 8, 2019, the HC issued a notice to Pagare and directed him to explain whether he had looked into the record that was traced by the hospital. On June 28, this year, the judges said in his reply Pagare “ignored the very directions of this court as he has not commented on the said issue. . . ” They said Pagare’s act is in contempt of the February 8 or der. “Not only the aforesaid contemptuous act which can be prima facie inferred, the officer prima facie appears to have maliciously filed a chargesheet against the petitioner,” they added. The judges took note that at the time of filing his reply, Pagare was posted at Hinjewadi police station. They directed the contempt notice be issued, through the policecommissioner, “calling upon him [Pagare] to physically remain present. . . so as to enable this court to frame charge against him for contemptuous act and also as to why he should not be proceeded against for filing of criminal proceedi ngs for malicious prosecution of the petitioner ignoring his statutory obligation and duties under the provisions of Criminal Procedure Code. ” The judges further directed that Pagare “be put to notice as to why he should not be directed to pay a compensation of Rs 10 lakh to the petitioner in view of the aforesaid serious default”. The Pune police chief has been directed to “complete service an d report compliance” by July 13, the next hearing. The judges also stayed further criminal proceedings against Tiwari.
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