Rs 63 L land scam: Gauhati HC rejects CID's 'hasty' closure report. orders fresh probe

Guwahati, Dec. 22: The Gauhati High Court has pulled up Assam Police for filing a 'final closure report' in 'hot haste' despite the forensic report clearly indicating a forgery angle in a case where a plot of land in Guwahati was fraudulently mortgaged to secure a bank loan of Rs 63 lakh.

The Court has refused to accept the final closure report of the investigating officer and ordered a fresh investigation by the Criminal Investigation Department (CID) of Assam Police.

What also came as a shock was that the investigating officer of the case in question did not even bother to question the bank officials despite having enough materials.

The case was related to a First Information Report (FIR) filed by Hadim Jigdong Kachari (petitioner) with Chandmari police station in March 2009 after his property was fraudulently mortgaged to secure a loan of Rs 60 lakh from Silpukhuri branch of the UCO Bank by one M/S Kenik Enterprise, wherein the petitioner was projected to be the guarantor of the loan by mortgaging the plot of land in question.

Counsel for the petitioner advocate Bijon Mahajan argued that there are glaring illegalities in the investigation of the case and therefore, the Court in the exercise of its power under Article 226 of the Constitution of India can direct a fresh or de-novo investigation even after submission of the final closure report.

The Court, after hearing Mahajan and the additional senior government advocate K Gogoi, also insisted that a copy of the order be sent to the Director General of Assam Police for his perusal so that such lackadaisical investigation done by his officer is brought to his notice and necessary corrective measures are taken in this regard.

"From the facts as recorded herein above, it is clear that the investigation started with no pace at all. When this Court issued notice to the respondents, the investigating officer seems to be in hot haste to file the closure report, that too after having material (FSL report) to examine the bank officials and the bank documents. However, instead of proceeding, he had filed a closure report. In the considered of this Court and for the reasons recorded herein above, such closure report is thoroughly unsatisfactory and it raises more questions with regard to the nature of investigation done by the investigating officer, than it seeks to answer. Accordingly, the closure report that has been submitted by the investigating officer cannot be accepted in the given facts of the present case.

"... This Court is of the unhesitant view that this is an exceptional case where the investigating officer has miserably failed to perform his duty and filed the closure report in haste without even completing the investigation in proper manner. Such procedure adopted, in the considered opinion of this Court, has not only violated the petitioner's right for a proper investigation but also resulted in deprivation of his property for the alleged fraud. Therefore, this is a fit case where this Court should exercise its extraordinary power under Article 226 of the Constitution of India to set aside the FR No. 109/2024 dated 25.04.2024 and directs the CID, State of Assam to re-investigate said Chandmari P.S. Case No. 81/2009," the Court order said.

"It is further directed that the investigation be monitored by an officer in the rank of the Superintendent of Police in CID, Assam. It is expected that the CID, State of Assam shall complete the investigation within a reasonable period of time," it said.

- By Staff Reporter