Sayantanee Choudhury | TNN |
Aug 29, 2016, 11.21AM IST
Patna: Misuse of the anti-dowry law, 498A of the IPC (harassment for unlawful demand), by a section of women is an open secret with even the Supreme Court saying so. What, however, is somewhat little known is that police at times do armchair investigation into such cases, that costs dearly to the “innocent” accused.
Irked at shoddy police investigation into one such case, a Patna court earlier this month ordered an FIR against six police officers, including a DSP, who not only found the “concocted” accusation true but even reported to the court that the accused was “absconding” even as he from his very address given in the FIR was writing continuously to senior police officers to re-probe the case.
Acting on a complaint filed by the “harried” husband, Ishanand Tripathy, the court of CJM Om Prakash has ordered Patna SSP Manu Maharaaj to lodge a case under Sections 166 (public servant knowingly disobeying law to cause injury to a person), 420 (cheating), 306 (abetment of suicide) and 308 (culpable homicide) of the IPC against DSP Shibli Nomani, DSP Ashok Kumar Chaudhary, inspector Ramesh Prasad Singh, inspector Jamil Asgar, SI Anil Kumar and ASI Mojjam Ali. Ali was the IO (investigating officer) of the case.
The case was lodged by Ishanand’s wife Aarti Tripathi, on November 20, 2014 in the city’s Shastrinagar police station. The complainant, who was then staying at her ‘mayka’ located in this police station area, alleged she was being harassed by her husband, father-in-law, brother-in-law and mother-in-law for dowry. They had also ousted her and their one-year-old child of their house, she said.
Police “investigated” the case, found the accusation true against the husband and mother-in-law, absolved the two other accused of the charge for lack of evidence and filed a chargesheet in the court in September 2015.
“After the case was lodged, I sent letters to almost all the senior police officers attaching evidence that I paid money to my in-laws and not vice versa; the state police HQ even ordered a probe, but DSP Chaudhary in August 2015 recommended that chargesheet be filed against my mother and me,” Ishanand recalled and added that he then wrote to President Pranab Mukherjee, seeking his permission for self-willed death.
The President forwarded the letter to the Bihar chief secretary and ordered a probe. The Rashtrapati Bhawan also sent copy to Ishanand. The state police HQ swung into action, and the fresh probe found the accusation untrue. Police didn’t move the court afresh to save Ishanand, but he went to the court and submitted the latest police investigation report.
In the meantime, Ishanand had been given provisional bail by the Patna high court which had also directed the lower court to counsel the couple. Ishanand during the counselling produced before the judge documentary evidence to prove he transferred Rs 2.5 lakh to his would-be wife’s bank account 40 days before his marriage and another Rs 40,000 after marriage. “The first amount was meant for my own marriage preparations as my would-be father-in-law, a retired assistant engineer who has six daughters and three sons, had suggested marriage in a temple because of his financial hardship; Rs 40,000 was meant for my sister-in-law’s marriage,” Ishanand claimed.
The man in his mid-30 was sacked by his employers for frequently going on leave. “I worked with a private firm and didn’t have leave. I was based in Guwahati, but I also had to make appearances in the Patna courts in connection with the dowry case as well a case for maintenance filed by my wife,” the MBA grad explained.
Jobless for now, Ishanand draws solace from the fact that the policemen who made his life hell would be brought to justice. Though he misses his son and has his photo as his cellphone’s wallpaper, Ishanand, however, does not have any grudge against his wife. “A postgrad, she is immature and was poisoned by her parents against me for their vested interests,” he said on Monday.
6 policemen to be booked for sham probe into dowry case.
Keywords: FakeCases, False Cases, IPC 498a, 498a, Law Misuse, Police, False Investigation, Perjury