Contempt of court petition against Ulhasnagar police for not registering cheating FIR against Konark developers 



Akela 

THERE is new trouble for Konark Residency developers. An Ulhasnagar resident, Gulam Rasool Azad Shaikh, has filed a contempt of court petition against the Ulhasnagar-1 police station in Thane district for non-compliance of court orders and failing to register a cheating FIR against the developers of Konark Residency.

Last week Gulam Shaikh filed the petition (copy with ABI) in the Bombay High Court demanding action against the Ulhasnagar police as well as top officials in the Thane police.

Konark Residency is a plush complex constructed over 26,402 sq metres near Shahad railway station in Ulhasnagar-1, district Thane. The complex is almost completed with an investment of about Rs 500 crore.
ABI (Akela Bureau of Investigation) published several articles saying the Konark Residency complex is 100 per cent illegal. Recently, on instructions from the Maharashtra government, the Ulhasnagar Municipal Corporation (UMC) issued a stop-work notice and put up a hoarding in front of the building requesting the public not to buy flats there as these were illegal.

On September 14, 2017, Gulam complained in writing to the Ulhasnagar-1 police and top officials, seeking registration of a cheating FIR against M/S Hare Krishna Realtors and its partners Kishore Keswani, Raja Keswani, Kumar Ailani, Konark Nirman Pvt Ltd and its directors Jai Jethani, Suresh Jethani, Nand Jethani and Amar Jethani. All are developers of Konark Residency. Gulam produced all documents proving Konark Residency has been developed on the basis of forged documents.

Gulam (53) met three inspector Suresh Ahire three times but he was not interested in registering an FIR. Recently,  Gulam sent a legal notice to the Ulhasnagar-1 police, but the police threw it in the dustbin.

A helpless Gulam filed a contempt petition against the Ulhasnagar police as well as top officials. Gulam has demanded initiation of action against the Ulhasnagar police and punishment under the provisions of the Contempt of Court Act 1971 for wilful disobedience of the direction issued by a full bench of the Bombay High Court vide its judgment and order dated October 8, 2008, in case of Sandeep Rammilan Shukla v/s State of Maharashtra reported in 2008 AIIMR (Cri) 3486.

A similar order has been passed by the Honourable Supreme Court in another matter.

On a petition by Sandeep Shukla, the Honourable Bombay High Court had ordered the Mumbai police to register an FIR against Anil Mahabole, then senior inspector, crime branch, the Mumbai Police. The Bombay High Court passed an order that the police are duty-bound to register an FIR within 48 hours of receiving a complaint application. It is up to the court to dispose of or pass an order for action on the basis of the chargesheet.

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