One Innocent person Chandan Maharana was arrested by Lalbag Police station of Cuttack city of Cuttack District of the state of Odisha on 19-03-2019 against a warrant issued in 2013 in the name of some other person.
He was forwarded to Judicial Magistrate but the magistrate grant him judicial custody on the instigation of police.
The locals GHEWAO the police station in protest and news of illegal arrest and custody spreaded like a wild fire all over the country.
Now the Commissionerate Police activated in damage control mode and reinvestigated the matter and found that
Chandan Moharan is not that person against whom the arrest warrant was issued in 2013,
he is innocent
Police will approach the court for the release of Chandan Moharana
Action will be taken against the Investigating Officer as the IO did the wrong.
The IO committed a mistakeas the name was same as the accuse is concerned , Bla, Bla Bla
The statement of Commissionerate Police ( CP ) that it was a mistake by the IO is a foolish statement and is not digestible because the IO is not a competent officer and without giving any chance to be heard innocent Chandan was arrested and forwarded to the magistrate & then magistrate ordered for the judicial custody without making judicial enquiry and applying his mind.
But the fact is that ;
Lalbag police has kept hundred of cases in Thana diary and not registering the same as FIR violating
Code of criminal procedure and guidelines of
Lalita Kumar Vs State of UP.
and every now and then calling the innocent person and taking bribe from then on threatening.
there are many orders from DCP, Cuttack and other senior officers to register the same but they are not doing it as the opposition parties fixed the police on bribe as the police is receiving bribe from both the side.
One case is filed by a lawyer against innocent youth without any reason but the case is not registered yet since last five years but the youth are calling by this police station to terrorise then for bribe and they have paid it multiple time
One linguistic minority person of Naya Sarak area went Lalbag Police Station for the registration of FIR against his brother for the offence u/s 323/506/34, his report was kept by the IIC Mr. Baral but on next day refused to register it and demand Rs.20000/- for the same as his brother has paid them Rs.10000/- for not to registered the same.
Lalbag police station is openly demanding bribed from both the side as the IIC is getting appointed in different police stations of odisha police by paying huge amount of money to their senior officers and it is their prime intension to get back that money by illegal means.
The CP said that they will take action against the IO but what about the Judicial Magistrate who granted custody of Chandan without applying his mind and without making judicial enquiry as guidelined by the Supreme Court in the case of
Arneesh Kumari Vs State of Bihar
Who will take action against the Judicial Magistrate as he is
He has not enquired about the name of the accused against which the warrant was issued in 2013, the name of the father of the accused and the age and address of the accused, not Mr Chandan was allowed to be heard which is against the principles of natural justice.
The judicial magistrate of Cuttack is fixed by CP and the officers of CP acting as an collection agents for the Judicial Magistrate.
The Judicial Magistrate Mr Bimal Kumar Das has received Rs.50 Lakh as bribe to sabotage a criminal case and the complainant of the case was arrested, thrown to Chowdwar Jail and booked under CrPc. 110 and many other false cases during the period of Custody and was attempted to murder by these police officers 4 times
Now the position is that the innocent software developer
He Lost his business of Crore and refused in other state.
His Young brother suffered from high blood pressure and lost both his kidney as they have received threatening from police for future consequence.
He wife is suffering from physical and metal agony and short of haemoglobin
He has been thrown out of the state as nobody is here to listen to then
and for the same the judicial magistrate was transferred from the post by Honable Orissa High Court for the administration of justice but whqat about the loss and violation of fundamental right of this innocent person.
The reinvestigation is against the law as there is no such provision in Code of Criminal Procedure.
The commissioner of Police himself admitted that their officers are involved in illegal money collection but nothing is done towards the same and State Vigillance is sleeping on the complaints against these police offices and leaked all information about the complinants to these police officers against whom the cases of Prevention of corruption Act and whistleblower act has been filed.
This Chandan Moharana case is a best example where police get caught red handed otherwise hundred of innocents are dwelled in jail for the illegal arrest and custody.
The whole india is transformed into the era of judicial transparency but the state of Odisha is still living in the British Law Era where police is acting like East India company and operating like “P” gang.
The Two sisters of Behra sahi Bhubaneswar were beaten in police station and forwarded to jail by the magistrate without making judicial enquiry.
The old lady and his daughter in law was beaten by police in Puri
The woman was manhandled, arrested and his husband was arrested in Balasore and forwarded to jail by the magistrate on the instigation of police and their political master. and on later stage the case was withdrawn by the police and Govt. as it was a false case
The Congress leader Mr. Mohd. Mokim was arrested by police without any reason on the instigation of their political master violating the Apex Court guidelines and rule of Orissa Police Act.
CP is not closing the illegal business running in the locality from where they received illegal gratification as 4 OTM ( Orissa Textiles Mills ) showrooms are running in cuttack since last 18 years illegal, fabricated clothing are sold in the name of OTM mills as the mill is closed since 18 years and there is no production since then but the owner of these showroom manufacturing fabricated items from Gujarat, Rajasthan and Mumbai so sale them in cuttack and cheating thousand of innocent customers mainly ladies.
The 21 innocent ABVP students including 1 girl and 3 minors were arrested illegally on the instigation of their political master ( as student wing is belong to BJP Party) violating orissa police rule and act, CrPc. and Guidelines of the Apex Court, the magistrate did not performed his duty towards law but did as per the instruction of his money collection agents.
Hundred of innocents are booked illegally under chapter 8 of CrPc-1973 and illegal collection of business going on in the Court of Executive Magistrate with the syndication of Local Police and Tahasil Office.
One so called gangster was absconding since 8 years and was coming regularly with the knowledge of police as the police station used to take Rs.8000/- as bribe per visit and the local ACP used to take Rs.20000/- bribe per visit but he was not arrested by the police for 8 years but on the political conspiracy he was arrested and lodge to jail in 2016 and many charged of murder which happened after he being absconded was put against him.
Now the question is that how can he commit murder under the supervision of police who used to take money from his for each and every visit and in the case where police is keeping an eye on his towards each and every movement.
Now CP will proceed to court for the release of Chandan when they got caught but what about thousand of other innocents who illegally arrested and detailed in custody and are the victim of
This illegal Police Magistrate Nexus