Fabrication and backdating of documents, non-functioning of CCTV cameras in police stations

ORDER

1. On 24th January, 2022 this Court passed the following Order:

" By the above Writ Petition, the Petitioners have impugned the communication / letter dated 08.01.2022 which is annexed at Page 17 to the Petition.

2. On 21.01.2022, we heard the matter at some length when Shri. Sandesh Pawar, API was present through VC. At that time, we were not informed that a similar letter is also issued to the Complainants. We inquired from Shri. Pawar, API as to the provision under which the said letter dated 08.01.2022 was issued to the Petitioners. Shri Pawar informed us that it was issued under Section 149 of the Code of Criminal Procedure. When we asked him to produce before us all the documents referred to in the impugned letter dated 08.01.2022, a request was made to adjourn the matter and that is why the matter was adjourned till today.

3. Today, a compilation was handed over in Court by the learned Advocate representing the State. One of the submissions made before us is that in order to maintain law and order, a letter similar to the one served on the Petitioners dated 8thJanuary, 2022 which is impugned in the above Writ Petition by the Petitioners, was on the same day also served on the Complainants. We are informed that since the Complainants and the Petitioners were both present at the police station at the same time on 8 th January, 2022, the said letters dated 8th January, 2022 were handed over to them at the police station itself.

4. We are prima facie satisfied that the letter dated 8th January, 2022 addressed and served on the Complainants purportedly on the same day i.e. 8th January, 2022 is a fabricated / back dated document and is produced before this Court for the first time only because at the time of the earlier hearing the Court had made inquiries qua the basis on which the impugned Notice dated 8th January, 2022 was issued to the Petitioners by the police authorities.

5. The reasons for this Court to arrive at a prima facie finding that the said letter dated 8th January, 2022 issued to the Complainants is fabricated / back dated are as follows:

(i) Since the Court had inquired on the earlier date of hearing, the provision under which the impugned letter was issued to the Petitioners, the police authorities have now on the letter addressed to the Complainants, typed "uksVhl (lhvkj- ih- lh- dye 149 izek.ks ) " If both the letters were prepared simultaneously and also served on the Petitioners and the Complainants at the same time as alleged, both the letters would have had the same endorsement.

(ii) The letter produced today is signed by Shri Raosaheb K. Tribhuvan, PSI, MIDC Police Station, Sinnar, Nashik, whereas the letter which was issued to the Petitioners and simultaneously handed over to the Petitioners and the Complainants, is signed by Shri Choudhari, Investigating Officer and Police Inspector.

(iii) The font of both the letters are completely different.

(iv) When we informed the learned AGP representing the State and the Police Officers Shri Choudhary and Shri Pawar that the document which is produced today i.e. the Notice issued to the Complainants, is a fabricated document, they vehemently denied the same. We therefore, asked them to produce the relevant despatch register. True to what we expected, in the despatch register, the particulars of document which is forwarded to the Petitioners and impugned in the present Writ Petition are recorded at serial No.73 and the same number, is also found in the letter dated 8th January, 2022 addressed to the Petitioners. No such entry qua the letter purportedly issued to Complainants is found in the despatch register and therefore, no such outward register entry is found on the letter allegedly forwarded to the Complainants. A print out of the extract of the station diary allegedly maintained by the police station is produced, wherein it is written that the applicant and the non-applicant have been served notice under Section 149 of the Cr.P.C.

6. In view thereof, we call