FIRST INFORMATION OF COGNIZABLE OFFENCE Under Section 154 of the Criminal Procedure Code given at the

Police Station. M.Case No. 1/2008 F.I.R. No. 01/2008

Sub-district: Rajkot Zone, C.I.D., Crime, Rajkot District: Bhuj

Date and Time of Crime: From 19/06/2001 to 05/11/2007

1. Date & time of giving information: On 05/11/2007 Court of the Hounourable Chief Judicial Magistrate, Bhuj, Rajkot Police Station 20/02/2008 at 20:00 hours.

2. Place of Offence Direction & distance from the Police Station: In Bhuj City

3. Date of sending to the Police Station: On 20/02/2008 4. Name & residential Address of the Complainant: Tensi

James, Principal of All India Anti Corruption and Crime Prevention Council, Gujarat State, Residing at Vikas Enterprise, Opposite to Kalpataru Apartment, Hospital Road, Bhuj

5. Name and address of the 1) Earth quake affected Bhuj persons against whom the Bazaar Navnirman charges are levied Charitable Trust, Bhuj.

Address: Navi Janthabandi Bazaar, Bhujiya Taleti, Bhuj Madhapar road, Bhuj.

2) Along with the president of earth quake affected Bhuj Bazaar Navnirman Charitable Trust, its present as well as

previous Officers, members of executive committee as well as general members.

3) New and old officers and responsible members of the Janthabandi Bazaar Construction Committee made by the members of the above trust very itself for the construction of shops.

4) The then District Collector, Kutch.

5) All those persons that emerges out during the investigation of this case.

6. Brief description of the offence Offence Under Section 200,

Along with Sections, muddamal 203, 217, 465, 466, 467, 468 Articles seized if any. 471, 472, 474, 475, 484

and 120(B) of the IPC committed

by the accused of this by planning a conspiracy had made false certificate and in such certificate had placed seal and signatures of fake government officers that does not exist at all case had obtain valuable government land for residential purpose by governmental assistance for the beneficiaries of such G-5 categorized commercial properties owners for which the government had declared the package amounting to Rs. 1,20,000/- for businessmen for obtaining illegal advantage of the same and in spite of knowing the same the government

officers had by not giving complain in this regard had hidden the illegal act and thereby have committed offence and etc.

7. Explanation in respect of delay in registering information, investigation etc. and procedure conducted regarding the investigation.

8. Disposal of the Muddamal

Sd/- Illegible, Designation, PSO, K.G. Majipara In charge D.Police Inspector Kutch- Bhuj NOTE: Registered under first Information and signature or thumb

impression shall be taken below it in respect of its correctness besides upon the same the officer registering the complaints shall place his signature.

As I was in charge of D. Police Inspector, Kutch-Bhuj besides, today with regard to the investigation of this case hearing ahs been fixed in the court of the Honourable Chief Judicial Magistrate’s Court, Bhuj I have remain present today and accordingly had met A.P.P. Shri Bhuj and on informing the A.P.P. that presently the complaint of this case was received with the D. Police Inspector, Bhuj and the complaint was lodged with Rajkot Zone Police Station hence, after registering the office as the investigation of this case was to be carried out by D. Police Inspector Bhuj etc. information was given to the A.P.P. accordingly he had informed the Honourable Court besides, in this regard the Honourable Director General of

Police, Gujarat State had also sent a fax message vide Outward No. 166/2008 and in this regard also discussion were held with the A.P.P. and necessary understanding in that regard has been given to him besides, the order dated 05/11/2007 passed by the Honourable Chief Judicial Magistrate First Class in this regard to the P.I., C.I.D., Bhuj for carrying out investigation under the provisions of Sec. Sec. 156-3 fo Cr.P.C. Order dated 05/11/2007 and all complaints related to this case were obtained from Mr. Govindbhai, A.S.I., Bhuj Office and thereafter had returned back to Rajkot Office and taken over the charge of the investigation of the complaints and thereafter offence in this case was registered besides, the written complaint has also been given by the complainant of this case details thereof are as herein under.

In the aforesaid case the facts of the complaint of me the complainant are as herein under, it is humbly requested to take the same for kind consideration.

1) I the complainant is residing in the midst of city of Bhuj and I am giving honorary services as Secretary of All Indian Anti Corruption and Crime Preventive Council, Gujarat State, Kutch Unit and have authority to file the present5 complaint a copy of the writ file before the Honourable High Court of Gujarat is enclosed herewith it is humbly requested to

take the same for your kind consideration, the registration of my above mentioned institute is F. 4282 GUJ-4422.

2) One Narendra Mansukhlal Resident of Bhuj had given a complaint to the me the complainant herein above vide his letters dated 19/01/2006 and 07/05/2007 that a huge misappropriation has been adopted by the Bhuj Bazaar Navnirman Charitable Trust and the area that have been declared as prohibited areas by the Army officers in that area even without obtaining N.O.C. from the army officials construction of Bazaar has been carried out and by violating the conditions imposed in the order of the Honourable Collector a huge misappropriation ahs been adopted but in this whole chapter fraudulent pertaining to valuable land of the government, government funds and government subsidy of crores of rupees has been carried stated to have been carried out.

3) In this regard, I the complainant has obtained information from the Collector Officer under the Right to Information Act and according to this information, a person whose business-profession ahs been completely destroyed in earthquake in i.e., a person who ahs been categorized under G-5 category shall only be given benefit of such scheme and in this regard the government ahs also passed a resolution and

the category of the loss and damage has been prescribed by the General Administration Department of the Government of Gujarat in its book of September, 2001 copy of the same is enclosed herewith, it is humbly requested to take the same for kind consideration.

Besides as per the above mentioned facts and details, a fitness for availing benefit of this scheme was only for those who have been categorized under G-5 category of earth quake hit persons and except them any one was not entitled to avail benefit of this scheme in any way.

Further, the certificates pertaining to the damaged and destroyed commercial properties under G-5 category were produced by the trust before the Collector and after due verification of these certificates produced before the Additional Collector only and according to condition No. 5 and 8 the collector was compulsory suppose to issue certificate to the beneficiaries of the same and thereafter only the beneficiaries were supposed to be fit to posses a qualification for certified member and this responsibility was to be performed only by the then Prevailing District Collector in his capacity of being competent authority but he has failed in doing so.

Besides, land admeasuring Acre 16 out fo land bearing Survey No. 363 wherein the construction work of the shops

have been done was under the prohibited area as declared by the army the above place (Bhujiya Dungar) was reserved as prohibited by the army for storing its arms and ammunitions hence, before starting the construction work N.O.C. was require to be obtained from army authorities by the trust, but till date any N.O.C. has not been obtained by the trust from the army authorities, such kind of crystal clear conditions have been imposed by the Revenue department, Government of Gujarat in its order dated 03/09/2009 wherein it has been clearly mentioned regarding obtaining of N.O.C and in letter dated 06/03/2009 of the then Collector addressed to the trust that without obtaining N.O.C form the military authorities any kind of construction cannot be carried out and in spite of the same without following such important procedures the Construction committee of the Bhuj Jaththabandi trust has done construction work about 400 shops and has started the market thereof.

4) Over and above the details as mentioned herein above, we have also come to know during our investigation that in this regard on 02/08/2002 the District Collector had after the certificates of the beneficiaries being checked out for the purpose of construction of Jaththabandhi Market regard called for a special report from Deputy Collector (Earth Quake) Bhuj and with regard to that report on 10/10/2006 under the confidential letter of the Deputy Collector Bhuj had submitted a

detailed report to the Collector, Bhuj and in that it was mentioned that below mentioned offence has been committed.

In that report list of total 401 names has been examined and in that condition of case wise remarks and defect was mentioned in detailed in that out of all the cases in 22 cases residential houses have been handed over. The letters that have been written upon the letter pad of the earthquake affected Navnirma Charitable trust addressed to the Collector are all related to the earth quake affected but in all the them dates have not been mentioned and any signature of any authorized office is also not found in the same. Besides, during the month of April, 2006 with regard to the same question necessary registers were handed over to the Collector and during that time as the aforesaid registers were frequently required by this office (Deputy Collector, earthquake Bhuj) the staff had visited the collector office and at that time it was experienced that the registers were utilized by the non government officials and persons over and above the government staff, these persons could possibly be direct/indirect legal/illegal beneficiaries of Navnirman Charitable Trust. Besides, out of the above cases in some of the case it was found that some of the beneficiaries were other than those of G-5 category.

Thus, in this way as per the details mentioned therein above, it was informed by the Deputy Collector (Earthquake) Bhuj through his confidential letter that a huge misappropriate is being played. I have obtained copies of this letter of the Collector as well as the confidential letter of the Deputy Collector along with the copy of the statement enclosed with it legally under the right to information act and the same is hereby produced along with its relevant supportive evidences vide list.

Thus, as mentioned herein above the Deputy Collector had crystal clear informed the Collector vide his confidential letter dated 10/10/2006 that a huge misappropriation is being played and in spite of the same in spite of the collector being very well versed that the criminal offence has been committed and in spite of it being his foremost duty to take legal steps against the same he has not done so and by doing so he has tried to inspire the accused persons and for the reasons best known to him he ahs tried to hide the whole chapter and thereby has helped the accused in committed offence against the government.

5) In the aforesaid case I the complainant institute has obtained the certificates produced by the beneficiaries the Jaththabandhi Bazaar of the Bhuj Bazaar Navnirman Charitable trust and the other documentary evidence under the right to information act and looking tot eh same in this case any

beneficiary has not been certified by the collector, Bhuj- Kutch and out of the conditions of the construction of the market it was one of the first and foremost condition that, the certificate should only be issued by the Collector very itself, but hi this whole case any thing like that has not happened. The certificates that have been stated to be issued to the beneficiaries in those certificates the signatures of the officers are found missing in some of the cases the designations that have been mentioned under the certificate such designations does not exists at all in such departments and in past also any such kind of designations were not existing at all and thus, in this way by mentioning totally fake and implanted designations by impaling false members and offices of the Navnirman Charitable Trust by false beneficiaries being involved with the government officials valuable government land have been illegally obtained.

During the investigation carried out by me the complainant institute it has also come to know that not only this but, the signatures placed in these fake certificates it has been found that one signature has been scanned and thereafter properly arranging it on the papers its prints have been taken out.

Further in this whole chapter, the Deputy Collector, Bhuj City has vive his letter dated 27/07/2006 addressed to the

collector, Bhus-Kutch clearly informed him that, “the Jaththabandhi bazaar being constructed in government land admeasuring 17 acres of land bearing Survey No. 363 made by the officers of the Earth Quake affected Bhuj Bazaar Navnirman Charitable trust was illegal, bogus and attempt has been make to transfer the shops in the names of fake beneficiaries of the hence, immediately a “no entry” order shall be passed and before the trustees succeed in their such malicious intention in order to illegal grab over the government land such malicious intention on their part shall be restricted” in spite of such information being given and the collector having all authorities to take legal steps in this regard in this whole chapter the collector has remain dormant spectator, such an act on his part is intentional hence, the same is an offence.

Over and above this, during the investigation carried out by me the complainant institute, the list of the beneficiaries taking benefit of this jaththabandhi market along with the list with the confidential letter dated 10/10/2006 has been obtained by me the complainant from the deputy Collector under the right to information act the same is produced with a separate list. The persons who are included in that list and accused amongst the beneficiaries of the charitable trust are

Sr. No.

Report No.

1 114 Gayatri Trading Co. G-5

2 127 Vinodchandra Mohanlal G-5

3 136 Th. Chhaganlal Madhavji G-5

4 141 Harsha Traders G-5

5 154 Savan Trading Co. G-5

6 246 Nitinkumar &Co. G-5

7 249 Atul Trading Co. G-5

8 277 Shah Ravilal Hathibhai G-5

9 284 Th. Chaganlal Madhavji & Sons G-5

10 295 Jitendera Maganlal Sheth G-5

11 298 Kantilal L. Gaur G-5

The certificates with respect to the above names and the names as mentioned in the list are proper and as per the belief of the institute and as per the documents produced by them they can be really believed to be beneficiaries and this institute does not have any complaint against them.

6) Names mentioned over and above the above names are the offices and members of the earth quake affected Bhjuj Bazaar Navnirman Charitable trust are fake beneficiaries and by making false representations they have entered the valuable government land situated in the area prohibited by the army, besides, the affirmations and affidavits produced by them are also misleading and this whole scandal ahs been raised and implanted by the members and officers of the earth quake affected Bhuj Bazaar Navnirman Charitable trust and in this whole chapter misuse of government fund and subsidy of crores of rupees of government has been shaped up.

7) On us coming up to know in this regard, we had informed the head of police department vide our letter dated 30/05/2007 and

had informed him that as an offence is being committed complaint shall be lodged by them but the District Superintendent of Police had handed over the investigation of our letter along with the documentary evidences enclosed therewith to the Economy Cell and this Economy Cell had also examined the evidences and has also found that in this case prima facie an offence has been committed.

Further with reference to my letter the Economic cell had carried out a detailed investigation and had submitted detailed report to the Police Office, the P.S.I. of the Economic Cell who had carried out the whole investigation in this regard as such Shri S.J. Chudasama had informed us vide his letter dated 25/07/2007 that, in this case it seems at the end of the investigation that in the report false certificates have been issued and false signatures have also been placed hence, further proceedings are liable to be carried out by his office or by the Collector office and if his office will file a criminal complaint to the police or before the Hounourable Court then further proceedings can be carried out by the police, the said letter is produced with a separate list it is humbly request to take the same for kind consideration.

8) In this case as the then Collector is an accused, the police, Collector and Deputy Collector etc. are not filing any complaint agsint him as he is under government administration and are

also making excuses to file the complain hence, in this case the damage has been directly caused to the government, and because we the complainant institute are working for prevention of crime and corruption this present complaint has been produced herewith.

9) In this case necessary court fees stamp has been produced on the complaint.

10) The Honourable court has the appropriate jurisdiction to take the cognizance of the offence in this case.

11) It is therefore humbly requested that,

The accused of this case have being falsely and illegally involved with each other with the help of each other had formed a conspiracy and as a part thereof had implant fake documentary evidences for valuable government land and had obtained the same at a nominal price; inspite of the accused not having fitness for being beneficiary as prescribed by the government funds and for that had placed seals of the government officers that does not have any existence at all besides, in order to obtain advantage illegally had raised earth quake affected Bhuj Navnirman Charitable Trust and had produced false certificates before the government besides, by producing false affidavits, affirmations and on the basis of the

misrepresentations before the government had obtained subsidy from the government for obtaining the valuable government land on nominal prices from the government and thereby have illegally grabbed the government land. By violating the terms and conditions places by the government for obtaining such land the name of the accused no. 1 institute by the accused no. 2 had for his personal interest and use utilized the government funds and subsidy and all the members and officers of the accused no. 2 under the name of accused no. 1 institute had by misusing crores of rupees of government, according to circular dated 19/06/2001 of the Industries department of the government, the businessmen whose business place has been destructed during the earth quake and is possessing certificate for damage under the G-5 category such beneficiaries businessmen shall be given direct financial assistance of Rs. 1,20,000/- through the District Industry center and the same have been obtained by doing such kind of forgery