MISCARRIAGE OF JUSTICE
Here is a perfect example of dilute and faulty FIR no. 552/16, registered by UP (Ghaziabad) Police at P.S Sihani gate. Allegedly the idea behind this dilution of facts is to mildly let go the accused –Ashok Kariwal, Arun Garg and harass the complainant. Allegedly both the accused Ashok Kariwal and Arun Garg are influential businessmen with high level contacts in the city’s power corridors.
Purportedly the main purpose of changing the IOs frequently has been to dilute the case. Significantly most of the investigation officers who handed the seemed more inclined to invoke a pliable section 406 instead of a more appropriate 420 (which is not easily bailable).
A law and order meeting in office of crime branch on 10th Oct categorized it as a case of cheating. Still the I.O. SI Gopi Chand — is not ready to frame the case file under proper sections of the law. He seems to be under the influence of the accused.
- Businessmen Ashok Kariwal (accused) and Prashant Saraiya (complainant) —were known to each other for a long time for nearly 20-25 years.
- Kariwal borrowed some money in the name of his company Acqua Space from Prashant Saraiya in 2013. This amount was never returned.
- When Prashant Saraiya demanded his money back, Kariwal offered to nominate Saraiya as one of the directors in the company.
- Based on the assurance, Saraiya started spending his precious time and money in Kariwal’s Company. This was even though the commitment to appoint Prashant Saraiya as a Director in Acqua Space never took off. It just remained a fake promise.
MODUS OPERANDI: FINANCIAL FRAUD:
Fraud: wrongful or criminal deception for financial or personal gain.
- One of the trends in real estate business is that mostly self cheques are withdrawn in cash. This amount is used to pay the labour and purchase consumable goods.
- Ashok Kariwal used this technique to purchase construction material on behalf of Acqua Space without Prashant Saraiya’s knowledge or consent.
- Ashok Kariwal cheated Prashant Saraiya to purchase construction material (rodi, badarpur) worth 10-12 lakh to be used on the sites of a prominent builder. Similarly Ashok Kariwal reportedly defrauded Prashant Saraiya to make payments and finance the job work on two sub-contracted towers on behalf of Acqua Space
- Once Ashok Kariwal realized that Prashant Saraiya was not interested to invest further and was demanding his money back he changed his tactics and started harassing the labour recruited by him in the company. The objective behind this move was to maintain control over the company and its staff as well any deny information to Prashant Saraiya about the actual expenses being incurred by the Company.
SHODDY INVESTIGATION & SIX CARELESS SUB-INSPECTORS
FIR No 552/16 was registered after preliminary enquiry by then SP City. Instead of invoking sections 467 and 420, the FIR was registered under section 406.
Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
- SSI Sihani gate — the first investigation officer remained inactive.
- The case was transferred to SI Danveer Singh who also did not record any fresh evidence
- The case was transferred to crime branch. SI R P Shishodia tried to file a false FR on the basis of forged documents worth Rs 22 lack at the instance influence of Ashok Kariwal and Arun Garg.
The case was transferred to SI Subhash Chandra who did not do anything to enhance the investigation and ended up delayin the probe. He was abruptly transferred by the SSP and SI Gopi Chand was made the IO.