If any complaint is filed police have to investigate the complaint
you can take the defence that police have already investigated the complaint earlier and filed closure report
Ecosell
Respected Sir My self is vipul bhukhubhai patel from surat Gujarat Sir my father give one registered develop agreement with five partners about 10000 sq yard in 1985 With price rs 165 per sq yard in 21days payment condition but they are fail to give money they give only 66 lakh then my father give them approx.40000 sq yard land in their stated co op society .they all sell plotted in their society and tack money their own from their plot holder more over one partner has died and 2 partners give is declaration in my father favour and no any condition in this agreement to be implement by one partner but after some time there are some dispute in between partners, and one partner go in civil court Surat in 2003 and also complain to police station ,unfortunately one partner go to high court Gujarat and admit their police tell him come and give the answer in police station without lounge FIR so high court tell the police why you do that without FIR so FIR longed then after our reparative meet police comisner and tell him about truth then after police camisnor sir give this all mater to SOG department then deeply investigation done after that police got “C” summary in this FIR on 2011.no body challenge this summary till today In between one more partner file a sp civil suit in 2008 for part performance this civil suit is pending He has also complaint about land grabbing act to collector on2021 but collector sir also reject his application And sir he recently give one application to eco sell crime branch surat and we got a “samaj Yaadi” And tell us to come file a answer from your side. Sir my question is the eco sell can investigate this matter if “c” summary done and collector sir already reject this matter and any direct rule to stop this and what can I do in this matter Thanking you please send any judgment regarding this question sir Vipul patel from Gujarat Surat.
Asked 5 days ago in Criminal Law
Religion: Hindu
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12 Answers
Sir any judgement regarding this question sir
Asked 5 days ago
1) Even if a "C" summary report is filed and no appeal is made, a new police complaint can be filed,
2)
A new complaint can be filed if there is fresh evidence or new facts that were not available during the initial investigation.
3) don’t have any judgment
C report is filed by police and Collector has also rejected land grabbing complaint. Approach HC of Gujrat with all the record and seek quash of all complaints. HC will quash all complaints.
The economic offences wing will deal with the complaint separately and the closure report given by police in the FIR will not have any impact to the investigation done by the economic offences wing police.
However if they still proceed with the complaint and register FIR then the earlier closure report as well as the collector's closure of the complaint will come to your rescue during the trial proceedings.
There are many judgements, you may approach your lawyer to get suitable judgement or search for a proper judgement suiting your situation through internet from any legal websites.
Sir if have judgment please share sir I need this sir
Asked 4 days ago
Don’t have any judgments
You can search for a judgement suiting or relevant to your case from any legal websites through internet
For judgment specifically on your case all other case details will be required.
Since the FIR got a C Summary in 2011 (uncontested) and the Collector rejected the land-grabbing complaint in 2021, the Eco Cell shouldn’t investigate the same issue again.
What to Do:
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Reply to Eco Cell – State that:
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FIR was closed with C Summary in 2011.
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Civil case (since 2008) is still pending.
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Collector rejected the complaint in 2021.
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Legal Action – If harassment continues, file a writ petition in Gujarat HC citing:
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Bhajan Lal (1992) – Police can't reopen closed cases without fresh evidence.
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T.T. Antony (2001) – Fresh FIR on the same matter is not allowed.
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Submit a reply to Eco Cell first. If needed, move to High Court for quashing.
Thank you. Shubham Goyal.
A preliminary inquiry can be conducted by the ECO Cell, but since the "C" Summary was granted in 2011 and the Collector rejected the land-grabbing complaint in 2021, reopening the case is unlikely without fresh evidence. The Gujarat High Court had earlier questioned police action before filing an FIR, and no one has challenged the "C" Summary in court. You can submit a written response to the ECO Cell citing these facts and request closure of the matter. If harassment continues, you may approach the Gujarat High Court for relief. The Supreme Court in State of Haryana v. Bhajan Lal (1992 SCC (Cri) 426) has ruled that reopening closed cases without fresh evidence is an abuse of legal process. If needed, a writ petition can be filed to quash any further proceedings.
- Economic offences wing is a specialized Unit of the Police that exclusively investigates economic crimes involving large scale frauds invoking huge money with wide ramifications
- Hence, the eco can investigate the matter even the police has already filed its report , however as collector already reject this matter then eco will not entertain it afresh.
sure, but it will take some time.