Former HC judge who got duped over electoral bonds withdraws police complaint

Former HC judge who got duped over electoral bonds withdraws police complaint

However, the Hyderabad police have clarified that the complaint cannot be withdrawn and the investigation will continue as per procedure.

A retired judge of the Andhra Pradesh High Court who said he was duped of Rs 2.5 crore in the name of purchasing electoral bonds, allegedly for the Bharatiya Janata Party, has requested the Film Nagar police in Hyderabad to withdraw the case. The judge had filed a police complaint on February 27. 

The judge told TNM on February 28 that he had given money to two persons  Anil and Sridhar (names changed), based in Hyderabad, in 2021. The judge said  he had been trying to retrieve the money for two years, but had hit a wall. One of the men, whom the judge has filed a police complaint against, has links with the World Hindu Congress. Another was a friend of his son-in-law.

In return for the money, the judge was promised that his grandchildren in the United States would be given jobs. The judge also mentioned in his letter that the accused ‘kept evading (the return) of money in one way or another.’

However, in his letter to the Station House Officer (SHO), requesting that the complaint be considered withdrawn, the judge wrote, “I have great respect for genuine tears which are very costly sometimes.” He also said that he spoke to one of the accused and the accused's family and was assured that the money would be repaid. “I have no reason to disbelieve them… hence I am withdrawing the FIR no 164/24,” the letter read.

However, the police have clarified that the complaint cannot be withdrawn. Speaking to TNM, West Zone Deputy Commissioner of Police (DCP) Vijay Kumar said that the investigation will continue as per procedure. “Once an FIR is registered, the investigation will have to be carried out in accordance with the Code of Criminal Procedure (CrPC),” he said. The police report will then be submitted to the magistrate.

According to Section 257 of the CrPC, “If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.” 

The Film Nagar police registered a case under Sections 406 (criminal breach of trust) and 420 (acts of cheating) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and took up the investigation. 

The judge, while speaking to the TNM, had alleged that the two men he complained against, had claimed to be ‘important leaders’ in the RSS.

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