Weak FIR against Bhagtanis? How to file strong FIR

28th October 2017, Mumbai: Multiple layers of criminality are involved in the Bhagtani scam but police often files weak FIRs that ignore many layers. For instance, FIRs like this one filed by Santacruz Police mention only IPC provisions although offenses under MOFA are also made out. Conviction rates in India are generally low due such "congenital defects" introduced into FIRs at inception.

Weak FIRs may give Bhagtanis and their co-accused escape-routes by giving the police scope to file A, B or C-Summary instead of a chargesheet, Or such FIRs may result in weak chargesheets and weak trials resulting in acquittal.

Complainants, please go the extra mile to ensure that strong FIRs are registered. 

Dos & Don'ts for effective FIRs 

• Don't just fill up a proforma that says "Me too"! Proformas to enable Bhagtani victims to join existing FIRs encourage herd mentality. Please avoid. Instead, take the effort to write down your full story, with all supporting documents, and insist on handing it over yourself at EOW in Police Commissionerate compound near Crawford Market. This will yield better results than any proforma.

• Frame your story in ways that discloses specific criminal offences under various statutes. Read up on various sections of the laws (i.e. criminal offences) that are applicable to your complaint, and write your narrative in ways that fit the sections. Remember, nothing is intrinsically true or false; there are multiple ways to narrate the same story. God and the devil are both in the details; whether God is revealed or the devil, depends on how exactly you choose to tell the story of Bhagtani's fraud and cheating.

• Mention sections of applicable laws in the conclusion of your story. For filing FIR against Bhagtani, three statutes are important: (a) Indian Penal Code (IPC) regarding cheating, fraud, breach of trust, conspiracy and abetment by Bhagtanis and their employees, estate agents, etc. (b) Maharashtra Ownership Flats Act (MOFA) about wilful neglect of the various duties cast upon builders. (c) Maharashtra Protection of Interests of Depositors Act, (MPID Act) about companies fraudulently luring investors to deposit their funds with extremely attractive rates of interest, and then wilfully neglecting to return the funds. Mention the relevant sections prominently in the last paragraph, which is your conclusion or summary.

• Don't ask the police to bring your money back. Your objective should be to get Bhagtanis and their henchmen punished for criminal offenses. If your statement says that you want your money returned or your flat delivered, it enables the police to conclude that your complaint discloses a "civil matter" or and "personal dispute" with the builder, and either refuse to file an FIR, or to file a weak FIR. Even though you desperately want your money back, you should not talk about this desire with the police. Instead, you should emphasize your desire to see Bhagtanis punished. This approach is crucial as FIRs are initiation of criminal proceedings, not civil proceedings. Criminal proceedings are for meting out punishment to wrongdoers, whereas civil proceedings are for seeking private reliefs such as refund, compensation, interest, etc. Seeking private reliefs in criminal proceedings muddies the waters and allows wrongdoers to escape.

• Don't succumb to police pressure to modify your "statement". The police statement is basically your story written down in Marathi by a police officer at the police station, based on your narration of events in an interaction. Relying on this document, police decide which sections of IPC, MOFA etc. they should apply in the FIR. You may experience pulls and pressures from the police officers to mention something or avoid mentioning something in your statement. Please resist politely but firmly. Emphasize that it is YOUR statement. After investigation, the police may write in their report whatever they feel is right, but they cannot compel you to state anything according to their directions.

• Don't sign the statement on the same day. Don't be in a hurry to sign that statement and hand it in; before signing it, insist on taking a printout home so that you can read it with a cool mind, and also, you can read it to an advisor or advocate, to ensure that you aren't leaving out anything. If you feel that last-minute changes are warranted, please have such changes carried out before you sign it. Don't get cowed down by any policeman's psychological pressures!

ISSUED IN PUBLIC INTEREST BY

Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com