the goan I network
PANAJI
The Judicial Magistrate First Class at Panaji Vijaylaxmi Shirvoikar has pulled up Crime Branch Police Inspector Vishwesh Karpe for booking Electricity Department Engineer Kashinath Shetye for ‘theft’ without application of mind and directed that he be proceeded against.
The case pertains to the complaint of “Breach of Privilege” filed by Curchorem lawmaker Nilesh Cabral before the office of the Speaker alleging that contents of a legislative assembly question were uploaded on popular social networking site Facebook. The Speaker forwarded the complaint to the Chief Secretary, who in turn forwarded it to the Director General of Police.
The DGP forwarded the complaint to the North and South Goa Superintendents of Police while the North Goa Superintendent of Police forwarded it to the PI who registered the case of theft.
Shetye challenged the registering of a case of theft against him.
“The Police inspector without even recording the statement of Nilesh Cabral, the first informant and the accused, went ahead to register an FIR of theft in the house (Legislative Assembly). The (original) complaint filed by Nilesh Cabral pertains to breach of privilege and secrecy and therefore ought to have been investigated under a special statute,” the magistrate ruled.
The magistrate, however, found that actions of Cabral, the Speaker, the DGP etc, did not constitute an offence but pulled up the police inspector.
“PI Karpe acting as a puppet at the hands of his higher officer blindly proceeded to lodge an FIR against (Shetye) for an alleged offence of committing theft in the Assembly without verifying the contents of the complaint and without verifying whether the complaint actually required an action to be taken under the Indian Penal Code, so also without even understanding the requirement fulfilling the ingredients of theft.
Without any locus standi assumed within himself the authority of acting as the complainant in the case which act of his is highly objectionable and is required to be viewed seriously.
“The LAQ pertains to the information of the complainant himself and since was an open document forwarded to the department of the complainant where he was working and since had changed several hands, therefore cannot be said to be a moveable property being intentionally and dishonestly being taken from any person including Nilesh Cabral,” the Judicial Magistrate ruled.
“It is Karpe’s strange understanding of the definition of theft which has constituted the said act into a theft and accordingly he without any authority stepped into the shoes of the complainant and became the complainant himself as well as also registered the FIR.
“It pains a lot to see the manner in which the police machinery in the state functions. This is a classic example which shows how blindly the orders of the political leaders and of the higher officers of the department are blindly followed by the subordinate officers so as to cause hardship to the common men who are at the mercy of the so called officers,” the magistrate said.
“In this case Karpe was under the obligation to hold a preliminary inquiry into the matter, but he has on the face of record, in utter dereliction of his duty, acted in a manner and blindly followed the order of his superior. Not only that, he misread the sections of IPC and in his own wisdom lodged the complaint of theft when there was no lawful ground for him to file such proceedings or charge. Karpe has committed an offence punishable under section 211 of the Indian Penal Code,” the JMFC ruled.
