Court finds allegations of extortion and intimidation unsubstantiated; investigation deemed influenced and incomplete.
In a significant ruling, the Allahabad High Court, under the bench of Justice Pankaj Bhatia, quashed the criminal proceedings against Kamalesh Agnihotri and two other elected members of the Resident Welfare Association (RWA) of Celebrity Greens, Lucknow. The court found that the allegations against the RWA members under Sections 308(2), 351(2), and 352 of the Bharatiya Nagarik Suraksha Sanhita, 2023, lacked merit and did not constitute any criminal offence.
The case arose from an FIR filed by a resident, who accused the RWA of extortion and harassment over parking violations, claiming that unauthorized penalties were imposed. However, the court noted that the evidence, primarily the statements of the informant and the accused, did not substantiate claims of extortion or intimidation. Justice Bhatia emphasized that no material was presented to demonstrate that the RWA members intentionally put anyone in fear of injury to induce payment or delivery of property.
The investigation conducted by Officer Shiv Kant Tiwari was criticized for being inadequate and biased. The court highlighted that the Investigating Officer failed to gather statements from other residents or verify the RWA's resolutions and bylaws, leading to a charge sheet that did not stand up to scrutiny.
The court also remarked on the misuse of influence by the complainant, a member of a reputed organization, suggesting that his position was used to intimidate the RWA members. The judgment was a reminder of the need for thorough and impartial investigations in upholding justice.
In conclusion, the court's decision to quash the proceedings was seen as a reinforcement of the principle that criminal law should not be used as a tool for harassment or personal vendettas. The judgment mandates a reflection of this order in the Investigating Officer's Annual Confidential Report and a recommendation for the Director General of Police to review the officer's role in the investigation.
Bottom Line:
Abuse of process of law - Quashing of criminal proceedings against Resident Welfare Association (RWA) members - Allegations under Sections 308(2), 351(2), and 352 of Bharatiya Nagarik Suraksha Sanhita (BNSS) do not constitute any offence - Investigation found to be half-baked and influenced.
Statutory provision(s): Sections 308(2), 351(2), 352 of Bharatiya Nagarik Suraksha Sanhita, 2023
Kamalesh Agnihotri @ Kamal v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2850877
