A city-based dental specialist, Dr Mohit Dhawan, has moved an application against an ASI of Chandigarh Police, seeking inquiry under Section 340 of the CrPC, for misleading the court, regarding a status report filed in the court relating to another criminal complaint seeking registration of FIR against nine people, including seven policemen/CBI officials.
The application has been filed in the Court of Judicial Magistrate First Class (JMIC), Sanjay and the matter is now scheduled for February 26, 2020.
It is pertinent to mention that Dr Dhawan had filed an application under Section 156 (3) at the district Court, in November 2019, seeking FIR against the nine persons. Pertaining to the criminal complaint of Dr Dhawan, the court of JMIC had thus sought a status report from the Chandigarh Police.
The investigating officer of the case have filed the status report in the court.
However, as per Dr Dhawan, “The status report as the same does not disclose the true facts rather amount to mislead this Hon’ble Court by giving wrong and procured facts in order to shield the guilty persons who are liable to be booked in the complaint filed by the complainant. Such act, omission and commission on the part of the IO concerned clearly proved that the status report has been prepared at their behest and he has hand in glove with them as he is working as per their dictation and terms by performing his duties by giving false report at their behest and under their pressure.”
Dr Dhawan thus moved a separate application in the court against the IO who submitted the status report, seeking an inquiry against him, pleading that, “The giving of shelter to such like persons/officials by way of such investigation, doubted the role performed by the respondent and such act on his part which amount to given false statement before the Hon’ble Court by way of status report attract the provisions of Section 340 read with Section 195 CrPC under which he is liable to face enquiry and further liable to be punished in accordance with law”.
The matter follows after an FIR was registered against Dr Dhawan, on the complaint of a US based woman, Gertrude D’Souza, alleging that in August 2017 Dr Mohit Dhawan, a dental specialist who runs a clinic in Sector 21, cheated her of Rs 7.13 lakh by providing dental implants of “poor quality” and also on the pretext of bearing the expenses of her hotel stay in the city and travel to several hill stations.
D’Souza lodged the complaint through email with the Chandigarh Police.
Dr Mohit Dhawan on the other hand had denied the allegations of the US national, stating that he was the real complainant in this case and that the woman had moved a complaint against him after he had already filed a complaint against her in the district court, Sector 43, for the recovery of his dues of Rs 1.50 lakh.
“The Chandigarh police have wrongly lodged an FIR against me,” he had said.
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