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writen note on bail of mala roy - DOC

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					               Threatening                     Forged Bank A/c at         Agreement
                                               Barbil                     with Sesa Goa
Complaint:                                     In     the    complaint    In           the
Date and place from where the                  petition at paragraph      complaint
threatening  was   given   to   the            7 “there was an A/c in     petition      at
Complainant is not mentioned in the            State Bank of India,       paragraph 8 the
complaint.                                     Barbil     Branch,   in    complainant
                                               which crores of rupees     alleged that the
In the complaint in paragraph 9 the            has been transacted in     petitioners have
allegation of threatening is scribed as        the    name     of  the    entered into an
follows:                                       complainant.”              illegal
        “The accused persons said that                                    agreement with
she is the more powerful lady in Kolkata       She is silent in 161       Sesa Goa Ltd.
and she knows very influential people in       statement in regard to     in the name of
power through her Club circle and she          the above allegations      the complainant
said that unless the complainant remain                                   and have made
silent she will hire the unsocial elements     Report of     IO   dated   huge
for a lesser price to do away with the life    18.4.2007.                 transaction to
of the complainant for good…..”                                           put the criminal
                                    There is an inoperative
        “….. she will not be able to reach                                liability on the
Champua in Keonjhar and on the way  bank A/c in the name                  complainant.
the accused no. 1 will her by road  of Nrupen Roy, Sabita
                                    Roy, Bikramjit Roy &
accident and will try to give it a colour of                              In   the    161
natural road accident.”             Abhijit Roy. There was                statement she
                                    no bank A/c in the                    has stated that
In paragraph 10 omnibus allegations name        of     the                the petitioners
against accused no.2 & 3 has been complainant.                            have       made
made. No specific allegation hurled                                       agreement with
against them. Allegations of use of                                       Sesa Goa Ltd.
criminal force and intimidation at                                        and have made
Kolkata is scribed.                                                       huge
                                                                          transactions in
161 Statement :                                                           her name by
Seema Roy                                                                 impersonation
Allegation of threatening over telephone.                                 by giving false
Not a single whisper that she was ever                                    documents.
threatened at Bhubaneswar. She has
categorically stated that the accused
persons were threatening her prior
coming to Bhubaneswar “the accused
persons are threatening her if she will
be coming to Bhubaneswar they will kill
her by road accident”.

Surjit Sen:
He had stated that on 12.12.2006 the
complainant came and disclosed that
she received telephone from Smt. Mala
Roy, wherein she stated that while
returning from Champua she would be
killed by road accident. He further
remains silent about the place of receipt
of such      telephone   call   by    the
complainant.


Variance in the statement of the witnesses vis-à-vis complaint allegations :

       In the complaint petition:- Seem Roy- She will be killed by road accident while
going to Champua. In 161 statements she says she will be killed if she will dare to come
to Bhubaneswar.
       Again Surjit Sen says that he heard from Seema that she received a telephone call
to be killed while returning from Champua.
1.   Alleged threat on dated 12.12.2006 at Bhubaneswar.
2.   Complaint case filed on dated 29.01.2007, i.e., after 47 days from the date of
     occurrence.
     (a) No averment in the complaint case as to why F.I.R. was not lodged
        immediately.
     (b) No averment regarding inaction of Police to receive the F.I.R. Explanation
        in Column-6 of the complaint petition to the effect that complaint was
        filed as per the direction of the I.I.C., is vague and no explanation
        regarding non-filing of FIR.
3.   Complaint petition was received by the Police and registered on 15.02.2007.
     The complainant appeared for the first time in the Police Station on
     16.04.2007 even though she avers in the complaint petition about the eminent
     threat to her life and asks for protection to be provided to her for staying at
     Bhubaneswar.
4.   As per F.I.R. allegation place of occurrence at OMC, Bhubaneswar.
     According to the Police spot visit-Plot No.           , Ashok Nagar has been
     indicated (see CD dated 16.04.2007 at 3.30 PM/spot visit).
5.   In the complaint she has averred that she is staying in USA in connection with
     her work whereas in her 161 statements she deposed that as she is not feeling
     safe she is residing in USA.

				
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