MARGAO
Landlords flouting district Collector’s order under Section 144 of the CrPC with impunity in respect of tenant verification might have escaped prosecution, but for a different reason “ dispute between the men-in-uniform and the district Magistrate over the question of lodging complaints against the erring landlords.
In fact, many landlords had got a discharge from the Court on grounds that the complaint was not filed by the District Magistrate issuing the order under Section 144 of the CrPC, but by the police.
In a bid to tighten the noose around the erring landlords not subjecting their tenants for police verification, newly-appointed South Goa district Magistrate, Jyoti Kumari has sought to resolve the decades old dispute between the police and the district Magistrate over the filing of complaints against the landlords in the court.
The District Magistrate in an order issued on June 1 ordered the Superintendent of Police, South Goa to direct concerned police inspectors and Station House Officers of South Goa district to file report only on completion of the investigation into the offence, i.e. filing of FIR contravening the order issued by the public servant under Section 188 of the IPC and file report to the taluka deputy Collectors for filing complaint in writing before the Court for taking cognizance under Section 190 of the CrPC.
By the same order, the district Magistrate has authorised and directed the Sub-Divisional Magistrate of each taluka as subordinate officer of the District Magistrate, to file complaint in writing before the court of law against any person contravening the orders issued by the public servant under Section 188 of IPC upon completion of the investigations into the offence by the police and submission of detail investigations report for filing complaint before the JMFC court as the case may be.
In the order, Jyoti stated that the issue of filing of an FIR under Section 188 LPC was referred to the government opinion and subsequently the matter was replied by the government stating it is only upon completion of the investigation into the offence and at the stage of taking cognizance by the Court under Section 190 of the CrPC, that the public servant concerned or some other public servant to whom he is administratively subordinate, would have to file a complaint in writing in this regard.
“In the circumstances aforesaid, I am of the considered opinion that in case of a cognizable offence, nothing stops the police from exercising their Statutory Powers of investigating into the same, registering an FIR and it is only once a chargesheet has been filed and upon completion of the investigation into such an offence, the Court is inclined to take cognizance under Section 190 of the said code, that the public servant concerned or some other public servant to whom he is administratively subordinate, would be certainly required to file a complaint in writing to that effect,” the district Magistrate stated in the order.
She pointed out that despite the opinion of the government conveyed to District Magistrate and Superintendent of Police in 2013, it is apparent there is some confusion, misplaced notion about filing of FIR, complaint to Court about the area of responsibility between the Executive Magistrate and Police. It is imperative to issue clear directions to all agencies implementing law & order in the district.
