Excelsior Correspondent
JAMMU, Mar 22: The Court of 3rd Additional Munsiff JMIC Jammu, B A Munshi today ordered re-investigation in the withholding of huge sum of amount by M/s GVPR Engineers Ltd, Hyderabad which was due to Cube Construction Engineering, Gandhi Nagar.
According to the case, the complainant—Cube Construction Engineering through its partner Ashwani Singh lodged a complaint before the court of CJM Jammu mentioning that M/s GVPR Engineers Ltd has withheld a payment of Rs 8,47,16,438 which was due to the complainant for executing the PMGSY works in the State on behalf of the Hyderabad based company.
The court of CJM Jammu forwarded the complaint to the police for investigation. However, on October 27, 2010 the investigation of the case was handed over to Special Investigation Team, which after hectic exercise came to the conclusion that no offence was proved against the accused company and final report was produced before the CJM Jammu, who transferred the same to the Court of 3rd Additional Munsiff JMIC Jammu for disposal under law.
However, not satisfied with the report of investigating agency, petitioner/complainant filed protest petition before the court for further investigation in the matter.
After going through the report of investigating agency and protest petition, the 3rd Additional Munsiff JMIC Jammu observed, “all the facts in the protest petition and the statement of the complainant indicate that investigation has not been carried out in accordance with mandate of law”, adding “the job of the investigating agency is to find out the truth by holding impartial investigation with complete objectivity. Investigation has to be conducted with promptitude so that there is no scope for deliberations and consultations and this gave rise to coloured version. But all these requirements under law have been projected clandestinely as such the complainant/petitioner is having every justification for proceeding the protest petition”.
With these observations, the Court said, “final report is fittest one to be sent for further investigation by some independent police agency to meet the ends of justice. The SSP Jammu is directed to get the case further investigated by some independent officer not below the rank of DySP to find out the truth”.
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