A contempt of court petition has been filed against Senior Inspector of Police, Borivali police station Narayan Khaire for not complying with Bombay High Court order. Retired Deputy Commissioner of Police (DCP) Ambadas Pote’s name has also been mentioned in petition for interfering into the matter on behalf of the Accused persons.
Santosh Pathak, 42, a businessman from suburban Mumbai on April 29, 2015 filed petition in Bombay High Court.
On August 8, 2014, Santosh Pathak had filed a writ petition (bearing No.3008/2014) in Bombay High Court seeking direction of the Court to the Mumbai police to investigate and register FIR in the matter of cheating,forgery and misleading to honorable court and other offences. On January 8, 2015 the honorable High Court was pleased to pass an order directing Borivali Police to conduct preliminary enquiry into the subject matter.
Before filing the petition Pathak has complained to several top cops and police stations to register FIR against Vikas Oberoi, Ajit Rajnikant Pancholi, HSBC Bank employee and others,
Following Bombay High Court order Borivali police started enquiry and on January 16, 2015 recorded statement of complainant Santosh Pathak. But suddenly Pathak was informed that Borivali police has stopped the enquiry and forwarded matter to Azad Maidan police for further investigation.
“Although Bombay High Court has specifically directed Borivali police to conduct enquiry, reason I don’t know, but Borivali police forwarded matter to Azad Maidan police station,” said Pathak.
After lots of efforts by Pathak Azad Maidan police sent back papers to Borivali police station. Since then Pathak was continuously visiting Borivali police station to re-start enquiry but was failed. Senior Inspector Narayan Khaire told that matter was weak and no enquiry will be done.
Inspite of the order of the Hon’ble High Court the Borivali police failed to inform the complainant about the outcome of the enquiry within the 15 days as stipulated in the judgment relied upon by the Hon’ble High Court while passing the order dated January 8, 2015.
“Senior inspector told me that, “matter me dum nahin hai. Ab kuchh bhi nahin hoga. No option I filed contempt of court petition,” said Pathak.
Pathak was also informed that builder Vikas Oberoi has appointed Mumbai’s retired DCP Ambadas Pote to manage the Borivali police station and he was performing his duty (Dalali) very well. In contempt petition Pathak have also informed to court about Pote’s role.
Narayan Khaire, Ambadas Pote and others willfully committed contempt of order of court and are liable to be persecuted for the contempt of court and they do not deserve any leniency.
Despite repeated attempts Khaire and Pote were not available for comment.They did not even respond to our text SMSs.
*What is stamp paper forgery case?*
On October 13, 2014 ABI (Akela Bureau of Investigation) has published an article under headline – “Billionaire builder Vikas Oberoi now accused of forging stamp papers; lawyer and NRI also involve.”
At the behest of Vikas Oberoi and Advocate Birendra Saraf 20 stamp papers- Rs 100 each- were purchased from Bombay High Court premises in May 2014. One of stamp papers was used for Ajit Rajnikant Pancholi. Actually the original stamp paper was on names of A A Lele and L A Lele. Oberoi applied whitener on names of A A Lele and Ajit Rajnikant Pancholi came to be written on it.
Not enough, the Pin-Code Mumbai-1 also changed to Borivali, Mumbai-92. The stamp paper purchase date was also changed using whitener. This stamp paper (tampered) was executed for Ajit Rajnikant Pancholi’s power of attorney dated May 2, 2014. The accused personated as Ajit Rajnikant Pancholi before the Notary and got the power of attorney notarised.
On June 19, 2014 Pathak complained (copy available with ABI) against Vikas Oberoi, Advocate Birendra Saraf, Hariyani and Company-Advocates and Solicitors and NRI Ajit Rajnikant Pancholi to Commissioner of Police, Borivali police station and Azad Maidan police station seeking immediate action.
Fearing legal action, Pancholi on June 19, 2014 gave an affidavit (copy available with ABI) to Bombay High Court that on particular date he was not in India. Also he has not signed any power of attorney. Pancholi also offered unconditional apology to Bombay High Court for his act. The accused persons didn’t stop on this they also tried to giving bribe to the witnesses Jagdishbhai Patel.