By : M.S.Yatnatti: Editor and Video Journalist Bangaluru: Police cannot refuse to file FIR according to Supreme court orders if complaint disclose cognizable offence listed in criminal procedure code schedule..Madnayakanhalli Police station PSI need to book an FIR against Smt Akabari Banu w/o Late Ameerullah khan as complaint disclose cognizable offence offraud and Coercion and tress passing. The complainant can also file civil case for cancellation of gif deed in civil court and as matter of fact the comliannant has filed already civil case in OS 600/2014 IN Honble Nelmangala Court..Law never lets you down. The home minister and the Chief Minister and DGP&IGP and Commissioner of police are requested to take action as per law. Complaint is filed by ALTAF KHAN against Smt Akabari Banu w/o Late Ameerullah khan in Madnayakanhalli Police Station, Bangalore for fraud and Coercion and tress passing. Smt Akabari Banu w/o Late Ameerullah khan who got gift deed made in her name by Late Peer Khan stating a false statement that she is and she will take care of him when his family was very much with peer khan (Gift deed was made in her name without consent and knowledge of Late Peer Khans wife and sons and daughters) of in respect of S.No 74 measuring 1 acre 33 guntas and S.N 73/2 measuring 2 acres 20 guntas in Dasanpura village Dasanoura Hobli Bangalore North Taluka Totaling 4 Acres 13 Guntas by fraud and Coercion. It is, therefore, abundantly clear that the disputed gift-deed was obtained by undue influence and need be set aside. It can of course be challenged in the court by proving that gift was made by force, coercion etc. Police is Requested to take action on her and get back theirproperty to legal heirs of Late Peer khan and his wife their sons and daughters and for setting aside a deed of gift on the ground of undue influence, fraud and misrepresentation,.
First Information Report (FIR) immediately upon receipt of complaints if the information disclosed the commission of a cognizable offence. In case of non-cognizable offences, the police do not have a right to investigate the complaint without the orders of the Court. However, complaint must be recorded and a receipt given at police station. The FIR does disclose the following: The recording officer and the complainant should know to the extent possible, the 11 Ws while recording/reporting the FIR.1. W - What information has come to convey. 2. W - In what capacity. 3. W - Who committed crime. 4. W - Whom against crime committed.5. W - When (Time) 6. W - Where (Place) 7. W - Why (Motive) 8. W - Which way (actual occurrence) 9. W - Witnesses. 10. W - What was taken away. 11. W - What traces were left by the accused?.The recording officer should try to fix clearly the identity of accused, the P.Ws. and of the stolen property, .
I have filed an Appeal before the Police Inspector and SHO Madnayakanhalli police station Bangalore and Appellate Authority under RTI Act - 2005 against Public Information Officer and Sub-Inspector of Police Madnayakanhalli police station Bangalore.I have soughtfollowing Prayer and Relief ; I requested appellate authority issue directions to PIO and Sub-Inspector provide me information and reasons under RTI Act 4(1) (d) for not filing FIR despite criminal offence committed by Smt Akbari Banu w/o Ameerullah khan as you have asked complainant to file civil suit in civil court . Thanks for your advised as the complainant has already filed Civil Case in OS 600/2014 IN Nelamangala Court . But this does not absolve he criminal offence committed by Smt Akbari Banu w/o Ameerullah khan .Request is made to file an FIR and investigate how they got the property gifted without the kowldge of their childrens and wife of Peer Kahn and his wife their sons and daughters were kept in the dark.. But in case of a dispute the burden of proof that the transaction was not conducted by coercion or undue influence is on the donee.Complainant has filed civil case in OS 600/2014 IN Nelamangala Court and on complaint of complainant Sub-Inspector of Police Madnayakanhallipolice station Bangalore have to file criminal case and file an FIRas criminal offence committed by as Smt Akbari Banu w/o Ameerullah khan has committed criminal offence aswho got gift deed made in her name by Coercion and fraud by LatePeer khan (without consent andknowledge of his wife and sons and daughters )in respect of S.No 74 measuring 1 acre 33 guntas and S.N 73/2 measuring 2 acres 20 guntas in Dasanpura village Dasanoura Hobli Bangalore North Taluka Totaling 4 Acres 13 Guntas by fraud and Coercion. Smt Akbari Banu wife of Late Ameerullah Khan got registered the property by Criminal breach of trust and Cheating, dishonesty and fraud and Coercion as no one from family of Peer khan has signed as consenting witness (his wife and sons and daughters to gift deed).The Bangalore Police are the public authority under obligation to provide information "publicly” under section 4(I) (a) (b) (c) (d) RTI Act.
It is alleged that this is clear case of Coercion is the practice of forcing another party to act in an involuntary manner by use of intimidation or threats or some other form of pressure or force. It involves a set of various types of forceful actions that violate the free will of an individual to induce a desired response, usually having a strict choice or option against a person in such a way a victim cannot escape, for example:These actions can include, but are not limited to, extortion, blackmail, torture, and threats to induce favors. In law, coercion is codified as a duress crime. Such actions are used as leverage, to force the victim to act in a way contrary to their own interests. Coercion may involve the actual infliction of physical pain/injury or psychological harm in order to enhance the credibility of a threat. The threat of further harm may lead to the cooperation or obedience of the person being coerced. Mr ALTAF KHAN requested policeto book FIR and a case of fraud and extortion, blackmail, torture intimidation threats against Akbari Banu w/o Ameerullah khan under various section of IPC and issue orders for cancellation of sale deeds and family of Late Peer khan to get back their properties which were illegally grabbed by Akbari Banu w/o Ameerullah. It is reported that ALTAF KHAN just recently came to know the fraud and Coercion committed by Akbari Banu w/o Ameerullah and on the basis of alleged gift deed they are trying to tress pass in he property beonging to legal hiers of late Peer khan. . Peer khan was terminally ill in 2003 with heart disease and under treatment and died in 2007 under Marzul Mouth and under these conditions as per Islamic law only 1/3rd property can be gifted to any one and 2/3rd will be retained as belonging to Legal heirs as per Islamic personnel law. ALTAF KHAN has requestedpolice to provide themsecurity as Akbari Banu w/o Ameerullah and her sons are influential and have money and mussel power to harm their interests. Commissioner of police must initiate strong action against police officers who are not filing FIR on receipt of complaint which discloses the commission of cognizable offence . First Information Report (FIR) are filed immediately upon receipt of complaints if the information disclosed the commission of a cognizable offence and if it does not disclose the commission of a cognizable offence no FIR can be filed by Police.