Jajapur Road :09.01.2014 :Jajapur Road Police skilled foisting cases against innocent.Strange unbridled power hijacked by the IIC, Jajpur Road Mr.Aswin Kumar Sahoo under the patronage of judicial stamping.In crime survey ,it is found that one Minati Rout of Jajapur Road in the district of Jajpur is said to have lodged an F.I.R before Jajpur Road Police alleging that she has kept one Generator set in the premises of one Bimal Agrawal and after few days when she asked for the same, Sri Agarwal is alleged to have not returned the same and passed a threat with dire consequences as a result, upon such report, the Police Jajpur Road has registered a case vide P.S Case no. 335 dtd 07.01.2014 against Bimal Agarwal . When the matter was brought to the knowledge of the family members of Bimal, his brother who is nonetheless but a Chartered Accountant and added to his reputation he is office bearer of Chartered Accountants’ Association, Cuttack as the Chairman ,has visited the police station as to whether his brother has his contribution to the alleged crime ;but no sooner he stepped into the P.S than the IIC held him there and having played hide and seek made a demand before him for the police staff; and the innocent brother not being apprised of the factual position and not being equipped with financial position asked the police to bear with him until he takes the matter with his family members . The IIC, Jajapur Road Mr.Aswin Kumar Sahoo who once not spared an advocate of Cuttack Bar Association in his lodging the FIR could not afford the Chartered Accountant brother of the named accused Mr.Rajesh Kumar Agarwal to leave the PS until their demand of Rs 1 lakh is satisfied over and above the comprising the issue with the informant.
Strange with the demand of the police on his making query about the case,Mr.Rajesh Kr. Agrawal being helpless, pleaded before the IIC Mr.Aswin Kumar Sahoo to allow him to reach his family members and come back with proer solution .But the greedy police has brought out the sword of his pen to implicate his brother Chartered Accountant in a mechanical false recording u/s 161 of Cr.p.c and mercilessly with all offending gesture forwarded the brother of the named accused to judicial custody and the J.M.F.C Jajpur Road without going in to the factual position either in merit or in the law concerned has rejected the bail application on his mechanical observation that the offence u/s 406/506 being non-bailable nature carries gravity and therefore he is not inclined to release the accused on bail.
From the factual survey, the IIC Jajpur Road has his high handed attitude and if somebody does not yield to his demand he fixes him by making out the allegation through Sec 161 of Cr.P.C by recording the statement himself without any advancement of facts by the informant .Power of police ought to be exercised with proper care and caution ,but the personal greedy nature makes the officer blind with his power and assume unbridled power to himself and harass the innocent ,the same unfortunate scene has happened to the Chartered Accountant ,Rajesh Agarwal where not being named in the FIR and not being brought under allegation by the informant is booked and forwarded to jail custody .In one hand police pleads in all its meeting to be people friendly ,if the case of RAJESH KUMAR AGRAWAL is taken in to consideration ,the infringement of human rights gives a dirty smelling and in such cases ,the atrocity of police on innocent ought to be streamlined ,public demands.
The audacity of the IIC is yet to be seen,when the IIC was approached by the advocates and some friends of Rajesh Kumar Agarwal pleading his innocence, he passed the threat that he can make him accuse by way of a statement recorded in the name of somebody as witness u/s 161 of Cr.P.C and in fact when his greedy demand was not fulfilled, he forwarded the innocent Chartered Accountant to Judicial custody where he has the conviction, the Magistrate as per his working style is concerned he weighs all the case in one touch stone of mechanical approach and rejects the bail irrespective of any kind of merit being born out of the records. Now question comes, if we increase the magistrates and judges without quality and if we increase the police staffs without morale values ,whether the country pleading for safety under democratic fabrics will sustain its growth!
Police if not managed ,fixes persons of innocence ,and magistrates in seisin of the issue goes with police without applying judicial mind and passes orders what police suggests-quite unfortunate situation and the case cited is one such case where the higher judiciary has to sit upon to decide as to whether the person booked in the case is necessarily to be fixed under stained efforts with due regard to the allegation framed and as to whether the Magistrate holding the case has justified his position in dealing with the case and this apart, the grievance of the bar as to how mechanically the Magistrate has adopted a practice to close his judicial mind at the first instance of the case put up by the police. Either way probe in to the conduct of police and the magistrate concerned is the requirement of the day to justify a situation where an independent citizen of the country is safe from the abuse of law.
Judges are no more seen to be above the law and many instances have already been surfaced as to how power corrupts and absolute power corrupts absolutely.