Act Against Sho, Court Tells Top Cop, Calls Officer ‘incompetent’, ET RealEstate

October 12, 2023

GURUGRAM: A city court on Tuesday directed Gurgaon police commissioner to act against an “incompetent” SHO whose “incapacity” to serve summons to directors of real estate companies accused in a fraud case indicated that “delay tactics” were being used to “abuse the process of law”.

The cheating and fraud case dates back to 2014, when the Punjab and Haryana high court directed that it be registered against the developers of a housing project.

In May 2016 and March 2018, Gurgaon police had filed cancellation reports twice to close the case, but the same court rejected them and initiated a trial against the developer. The sessions court in 2022 dismissed a challenge against the trial and directed police in May to issue summons to the directors of Precision Realtors, Madeira Conbuild, Global Estate and Ireo Grace Realtech – all of which were involved in the project.

Police told the court last month that the summons were never served by SHO of the Sushant Lok police station as the official deputed by him “could not find the time” to do so.

On Tuesday, judicial magistrate (first class) Vikrant said the police report was ‘vague” and observed that duties cannot be performed based on “personal choice” and “comfort”.

The judge noted that the cops had over a year, which was “sufficient” time to serve the summons.

“The state had first filed the cancellation report and now the delay tactics are being adopted to abuse the process of law. Such kind of act and conduct needs to be dealt with strong hands. Returning the summons with a vague report under his (SHO) endorsement shows the incapacity and incompetency of the SHO Sushant Lok police station,” the order read.

The court said the police commissioner needs to take necessary department action against the SHO, and it directed DCP (headquarters) to now issue the summons to the accused.

“Since the officer in-charge of the police station concerned has failed to get the summons served, process be now served under endorsement of DCP (HQ) Gurgaon, who shall ensure securing presence of the witnesses in the case in which FIR was registered 9 years ago and still the victim persons are in search of justice,” the order said.

In 2014, the Punjab and Haryana HC directed the Sushant Lok police station to register an FIR against Ireo Grace Realtech for allegedly changing the cost of flats by demanding extra money for parking at The Corridor project in Sector 67A. Homebuyers had alleged that they were threatened by the developer that their allotments will be cancelled and booking amounts won’t be returned if they don’t pay the extra costs.

The developer’s counsel Raj Kumar, in its 2022 challenge to the sessions court for dismissing police’s cancellation reports, had argued that the project was not in violation of the buyer agreement as it was registered with the Haryana Rera.

The court had dismissed this argument, saying “whatever be the reasons for the police to turn its back to the complainants, the fact remains that there was sufficient evidence available on the record against all the accused (developers).”

Police commissioner Vikas Kumar Arora could not be reached for comment till Wednesday night.

  • Published On Oct 12, 2023 at 09:12 AM IST

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