Bombay High Court Orders Enquiry Against Police Officers For Using AC, Water-Cooler, TV, Computer At Police Station Without Paying Supplier

The Bombay High Court was recently disturbed to note that a police station in Thane city used air-conditioners, water coolers, computers, LED TV, printers and other valuable electronic devices, for free and later on when the supplier demanded money, the station officers returned the equipments without paying a penny.

A division bench of Justices Sarang Kotwal and Dr Neela Gokhale ordered the Director General of Police, Maharashtra to look into the allegations and file a report before it.

"Before passing the operative part, we must note a disturbing feature in this case. The allegations in the complaint are quite serious. First of all it is hard to understand as to how the police officers from a particular police station can take such expensive articles from a private party without following due procedure. Secondly, if the allegations are true, some serious action needs to be taken," the judges observed in the order passed on October 23.

The observation were made while quashing a First Information Report (FIR) lodged against one Nainesh Panchal, a businessman from Thane, who was booked by the Kasarvadavli Police Station in Thane for cheating the informant, a supplier of electronic devices. 

It was the complainant's case that Panchal purchased several valuable equipments like ACs, Coolers, TV etc from him and did not pay Rs 4.24 lakhs for the same. It was alleged that Panchal did not pay any money for the purchase of the equipments and the cheques that he gave, were dishonoured. However, the dispute between the complainant and Panchal was now settled as the parties agreed to the petitioner making a payment of Rs 3.75 lakhs to the informant. The bench therefore, found it to be a 'civil dispute' and quashed the FIR and the subsequent proceedings arising from the same.

While the bench was quashing the FIR, it sought to know from the Petitioner about the delay in making the payments. The petitioner then informed the judges that he had supplied some of the ACs, LED TVs, Computers, Water Coolers etc to the Kasarvadavali police station and also to some particular officers of the station. However, the cops did not make any payment to him and he therefore, filed a complaint about the same to the Commissioner of Police, Thane City in December 2018.

"He was not given his money inspite of constantly pursuing his demand. He submitted that nothing came out of that complaint and his articles were returned but he had suffered heavy losses because of this, which resulted in his default in making payment to the first informant," the judges noted.

The judges therefore, ordered the DGP, Maharashtra to enquire into the allegations.

"The DGP, Maharashtra State, is requested to appoint a suitable police officer from the State CID of the rank of Deputy Commissioner of Police or of equal rank to conduct an inquiry in the complaint of the petitioner. The said appointed Officer shall conduct an inquiry expeditiously and in any case within a period of three months from today and submit a report before this Court," the judges said.

The judges, have adjourned the matter till February 2025.

Appearance:

Advocates Sachin Thorat and Prajwal Thorat appeared for the Petitioner.

Additional Public Prosecutor Ashish Satpute represented the State.

Advocate Dnyaneshwari Utpat represented the Complainant.

Case Title: Nainesh Panchal vs State of Maharashtra (Criminal Writ Petition 765 of 2024)

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