Corruption & Extortion By Indian Police

Dear sirs,
Here is the case in which the police and judicial system violated the Criminal Proceedure
Code of India 1973 Section 170 and worked together illegally in collusion, against foreign
nationals, who were arrested at Mumbi Airport.
The accused could not afford to be detained in India for indefinite period of time till the the
false , illegal and fraudulently fabricated case for extortion by Nagpada Police Station Mumbai
is finally decided by the competent court . My wife and Son, both USA Citizens were prevented to board the scheduled flight to USA.
They were detained at Mumbai Airport by the immigration police on June 29, 2003 ; while
returning to USA after short visit to India. They were arrested without bail and Jailed in
Nagpada Police Station lock-up for two days. They were prevented from contacting USA
Consulate to seek help. Their USA Passports were seized to prevent them to establish
contact with USA Consulate at Mumbai.

Accused were produced before the Holiday Metropolitan Magistrate Mazgaon Court Mumbai,
same day and Remand Custody Application dated 29.6.2003 was submitted by Nagpada Police
station to the Court stating that, " The Arrested persons committed criminal offences in India in
the month of February 2002". Where-as the USA Passports seized by Nagpada Police clearly
showed that the persons detained and arrested by the police, were NEVER in India during the
month of February 2002, according to Indian Immigration Arrival/Departure stampings in the
Passport. This Alibi in the USA Passports clearly show that how the accused were framed by
the Police and intercepted at the Mumbai Air-port on false charges.
While in police custody a defence lawyer was introduced to the accused by the police to
represent them in the court and arrange grant of bail by the concerned court. The accused
were produced before the metropolitan magistrate Mazgaon court on July 01, 2003; along
with Nagpada police station's Remand Custody Application, which reads as under:- Nagpada Police Station Mumbai.Date:29-06-2003 To.Metropolitan Magistrate15th Court,Mazgaon,Mumbai. Respected Sir,I hereby report that the complainant herein Smt. Lavina Kripalani, age 30 years, residing at Navjivan Society Dr. J.V.-----Road has filed her complaint with this Police Station thatShe got married in India in February 2002 and when she was in India for 15 days her husband Dinesh,Mother-in-law Indira Age 74 years) sister-in-law Poonam, and brother-in-law Girish have mentally harassed and beat the complainant and that theaccused were frequently demanding the money saying that they did not spent money, gave less dowry and demanded things, beat her and mentally harassed her. The accused being settled in America , there also beat the complainant and demanded money. The complainant fed up with the mental harassment, she came backto India in JUNE 2002 and she filed complaint in Nagpada Police Station vide C.R.No. 405/2002 u/s 498A, 406, 34 of IPC and section4 of Dowry Prohibition Act. As the Accused, being settled in America, hence at the time of lodging the complaint, they could not be found in India and therefore information was given to the Airport Branch against the accused and their names were given to the look out cell. Accordingly as per the information of Airport Branch, Police of Nagpada Police Station were sent to Airport and from their the Accused were taken n possession and as they were wanted in the said offence.They were arrested on this 29th June 2003 at 10.00 hrs. The said Accused other relatives, sister-in-law of the complainant, father-in-law and brother-in-law, are to be arrested in the above said offence and to investigate the case and the statements of the witnesses are to be recorded. And therefore praying for grant of Police custody of the above said Accused. Yours faithfully Sd/- Assistant Police Inspector, Nagpada Police Station Mumbai.Round Seal Of Nagpada Police Station. 1) The remand- custody application highlights and presents the case as under:- a. The accused was married to the complainant in India in the month of February 2002. b. When accused and complainant were in India for 15 days, the complainant was beaten and mentally harassed by mother-in-law, father-in-law, sister-in-law and brother-in-law. c. Remaining three accused i, e; father-in-law, sister-in-law and brother-in-law were yet to be arrested to investigate the case. d. The accused persons named in the Remand-Custody Application committed criminal
offences in India for 15 days in the month of February 2002 and there-after till
June 28, 2002 in United States of America. e. The complainant having become fed up of beaten physically and mentally harassed in USA by the accused, returned back to India, in June 2002 and lodged complaint in December 2002, (after the period of more than five months) vide C.R. No 405/2002 Dated 31.12. 2002. 2) As against above presentation to the Court, the FIR.No.405/2002 dated 31.12. 2002
(also refereed in the said remand-custody application) on the basis which the accused were
arrested without bail at Mumbai Airport and produced at Metropolitan Court at Mazgaon,
make out the following story:- a. The complainant in spite of being married woman had falsely and fraudulently obtained
a travel visa from USA Consulate on 6. 12. 2001 impersonating herself being un-married
woman and left India for USA on 9. 12. 2001 to marry USA Citizen in USA. b. The complainant was continuously and physically present in USA from 9th December 2001
to 30th June 2002. i.. In light of the above facts made out in C.R. No. 405/2002 the complainant was in USA in the month of February 2002. The immigration stamps on USA Passports (which were seized by police at the time of arrest) showing arrivals and departures of accused in-and-from India, also confirmed that none of the accused who were arrested without bail were in India in the month of February 2002.ii. Therefore the accused produced before the Metropolitan Magistrate by the Nagpada Police station, could not have married in India with the complainant , who her-self was in USA in the month of February 2002. Air-tight ALIBI of Passports belonging to Complainant and accused,
showing that, none of them was present in India in the month of February 2002 is the proof that
false and fraudulent document was engineered by Nagpada Police Station and submitted in the
Court. The accused could not have committed the alleged criminal offences u/s 498A, 406, 34 0f
IPC and section 4 of Dowry prohibition act, for 15 days in the month of February 2002 in India,
without being physically present in India as alleged in the said falsely and fraudulently engineered
Remand-Custody application dated 29.6.2003, submitted to Metropolitan Court at Mazgaon Mumbai,
by the Nagpada Police Station.iii. Therefore the court proceedings pending under case No. 631/P/2003 before the Metropolitan Magistrate Mazgaon Court and the court orders etc; arising out of the falsely and fraudulently engineered document submitted by Nagpada Police Station are illegal and therefore bad in law. 3) The accused were arrested at Mumbai Airport without bail and their USA Passports were
seized by police at the Airport which the police refused to return in spite of repeated demands.
The Passports were required by accused to contact USA Consulate at Mumbai for help.
Neither the Nagpada Police Station informed the USA Consulate that the USA citizens were
arrested by them, Nor the higher authorities in the state of Maharashtra and Ministry of
External Affairs were informed about the arrest of foreign nationals. No permission was obtained
as required by the Section 188 of Indian Criminal Proceedure Code. 4) Nagpada Police Station in spite of siezing USA Passports from the accused, falsely and fraudulently
submitted to the Metropolitan Magistrate at Mazgaon Court, that the accused produced before the
court were Indian Citizens, holding Indian Passports.
Nagpada Police further submitted to the court that the accused were Indian Citizens residing in USA
as such holding USA resident "Green Card". The Nagpada Police Station requested to the Magistrate
to order to the accused to surrender the Indian Passport and USA Green-Card to the Nagpada Police
Station. 5) Nagpada Police denied to the Metropolitan Court about having seized the USA passports from the
accused at Mumbai Airport at the time of arrest without bail. Police also denied to the Court about
having USA Passports belonging to the accused, in their possession.
The seize and possession of USA passports belonging to the accused and production of the said
passports in the court or the return of the passports to the accused was deliberately denied by the
Police to prevent the accused to seek discharge from the court; proving that the accused were never
available in India during the month of February 2002 and therefore could not have committed the
alleged offences as submitted by the Nagpada Police Station in the Police Custody Application
dated 29.6.2003; on the basis of which the accused were produced before the said court.
6) The arrest and prosecution of accused was in violation of Section 188 and 189 Criminal Procedure Code 1973, as the offences alleged to have committed outside India, can not be enquired into or
tried in India except with the previous sanction of the Central government of India.

7) a.The arrest of accused without bail at Mumbai Airport by the Nagpada Police enforcing C.R. No 405/2002 dated 31. 12. 2002, was in violation of Section 170 Criminal Procedure Code 1973 as the Nagpada Police Station had No Territorial Jurisdiction to deal with the
matter. Section 170 of Criminal Procedure Code 1973 prohibits Police from proceeding
beyond Section 156(1) of the Code of Criminal Procedure, where the criminal offence
has not been committed within the Territorial Jurisdiction of police station registering the FIR.
b.Section 170 Cr.P.C. specifically provides that if crime was not committed within the territorial
jurisdiction of Police Station, that FIR can be forwarded to the Police Stating having jurisdiction
over the area in which crime was committed. The law is that police can register an FIR of
commission of a cognisable crime ,but after registration of FIR, if on scrutiny or investigation,
it is found that crime was not committed within the jurisdiction of that Police Station but was
committed within the jurisdiction of some other Police Station, the FIR should be transferred to
that Police Station. However, if at the time of registration of FIR itself, it is apparent on the face
of it that crime was committed outside the jurisdiction of the Police Station, the Police after
registration of FIR should transfer the FIR to that Police Station for investigation. Normally
a 'Zero' FIR is registered by Police in such cases and after registration of FIR, the FIR is
transferred to the concerned Police Station.
c. No enquiry or investigation was carried out by the police officers, as required
under Section 156(1) of the Criminal Procedure Code 1973, after registering the
FIR No. 405/2002 which was mandatory under Section 156(1) of the said code.
Nor the Police determined the Territorial Jurisdiction in respect of alleged offences
made out in the complaint as required in Section 153(1) and take action as per Section
170 Criminal Pr. Code.
The procedures as laid down in Indian Criminal Procedure Code 1973 at Sections 156
and 170 were completely violated, short-circuited, sabotaged and made irrelevant by the
Nagpada Police Station by raising the Non bailable Arrest Warrants and look out circular
to Immigration Police against the accused immediately after registering the FIR, and without
conducting any enquiry and investigation.
d. The complaint under Section 156(1) of the Code of Criminal Procedure was made to the Nagpada
Police Station on 10. 12. 2002 by the complainant and FIR No. 405/2002 dated 31. 12. 2002 was
registered against the accused for offences under Sections 498A, 406 and 34 IPC Section 4 of
dowry prohibition Act of , without making any enquiry or investigation in the matter.
Subsequently process of of Non bailable arrest warrants .... notification to Airport Immigration
authorities alerting with look-out circular ..... stopping, detaining and arresting members of the family
unaware at Mumbai Airport on 29. 6. 2003 ..... Jailing the accused in Police Lockup for two days by
Nagpada Police Station and producing accused before the Metropolitan Magistrate Mazgaon
Court Mumbai in 1. 7 . 2003 was illegal and violated the procedure as laid out in Section 170 of
Criminal procedure Code of India.
e .Section 177 Criminal Procedure Code require that every offence shall be ordinarily
enquired into and tried by the court within whose local jurisdiction it was committed.
Nagpada Police failed to enquire or investigate the allegations made in the FIR.
Police also failed to Investigate the alleged offences after arrest of the accused.
The charge sheet has been filed by Police in Mazgaon Court in December 2003 after
six months of arrest made in June 2003. The charge sheet does not contain any Pre-Arrest
or Post- Arrest police enquiry or Investigation Report. When an information is lodged at
the police station and an offence is registered, then the complaint would be of secondary
importance. It is the material and evidence collected during the investigation by the police.
FIR is not an encyclopedia of facts. The entire and complete facts are to be collected by the
investigating agency before filing of challan to the Court. However in case the Remand-Custody Application dated 29.6.2003 submitted to the court
is prepared after the Investigation by police, showing that the offences took place in the month
of February 2002 for 15 days in Mumbai, then the criminal case pending before the court ought
to be dismissed as the accused and the victim were in USA during February 2002, therefore no
offence could have taken place in India.
f. Metropolitan Magistrate 15th court Mazgaon Mumbai proceeded with the matter in spite the fact
that the said court had no jurisdiction to try the offences as the cause of action did not accrue within
the territorial jurisdiction of Nagpada Police Station under Section 170 Criminal Procedure Code.
No crime has been alleged to have been committed within the Jurisdiction of Nagpada Police Station.
The parties never married within the Jurisdiction of Nagpada Police Station. The parties never visited
or resided together within the Jurisdiction of Nagpada Police Station after their marriage in USA.
Marriage took place in USA. Matrimonial home was in USA. The alleged crime of Cruelty was
allegedly committed in USA. No investigation was needed to come to the conclusion that part of
crime was committed within the Jurisdiction of Nagpada Police Station or within the Jurisdiction of
Metropolitan Court at Mazgaon, Mumbai or India.
8) The accused informed to the Metropolitan Magistrate that the complainant in the C.R.No.405/2002 dated 31.12.2002 had married to the accused in USA on 13th February 2002. The marriage was solemnised by the Judge at Woodbridge County Court, Middlesex, New Jersey USA and subsequently the marriage was dissolved on 1st April 2003 by the Superior Court of New Jersey, chancery Division, Middlesex County, Family Part vide Decree of Divorce Docket No: FM-12-0292-03F. The Divorce was contested by the complainant The complainant and her father are both Lawyers enrolled with Bar Council of Maharashtra and Goa were both named Blackmailers and Extortionist in the USA Court transcripts. The Certified copies of of Marriage certificate issued by USA Court and Decree of Divorce granted by New Jersey USA Superior Court, were respectively delivered to the Metropolitan
Magistrate and Nagpada Police Station Mumbai India.

9) The allegations made in the FIR No. 405/2002 pertaining to criminal offences taking place in India from the period from November 2001 till February 2002 have been dropped in the
Remand- custody application by the Nagpada Police Station after arresting the accused without
bail, mistreating them and Jailing them for two days.

10) After the arrest, the accused were taken by the Nagpada Police to their family property situated
at Versova, Andheri West Mumbai, having territorial jurisdiction of Versova Police Station and
Andheri Metropolitan Court for search in violation of section 170 criminal procedure code.
The search was illegally carried out by Nagpada Police Station without having territorial
jurisdiction and also without the knowledge or the permission of the the Police Station having
territorial jurisdiction. Nothing was found. during search. The search was carried out by Nagpada
Police Station in spite of the fact that the FIR No.405/2002 registered by Nagpada Police Station
does not show any particulars of properties stolen /involved and the values of the same at serial
9 and 10 of the said FIR. Nor the complainant has claimed any involvement of any property at the
said premises in her complaint dated 10.12.2002.

11) Complainant is a Lawyer enrolled with the Bar Council of Maharashtra & Goa, presently
working at Dubai. Her father is also practising Advocate in Mumbai.
Complainant returned to India from USA in June 2002. The complaint filed in December 2002
was therefore the Counter-Blast to the divorce petition pending before the US court.
While divorce proceedings in US were pending, and after filing her counter reply in
September 2002, she resorted to the misuse of the police machinery in India, with oblique
motives to bring pressures, wreak revenge and unleash "Legal Terrorism" .
She filed false criminal complaint making false allegations without any legal proof or evidence,
against each and every member of the family alleging cruelty to her in US. Her counter reply
to divorce proceedings did not contain those criminal allegations. The complainant did not
disclose in the said complaint registered under FIR No 405/2002, that there was a divorce case
pending in USA Court which was being contested by her at the time of registering the criminal
complaint. Nor the Court in USA was informed by her that the criminal complainant was filed by
her in India in respect of the pending matrimonial matter.

12) Complainant after receiving the copies of FIR No. 405/2002 dated 31. 12. 2002 and the copies
of Non- bailable arrest warrants against the accused, from the Nagpada Police Station,
unsuccessfully tried to illegally enter into the possession of property belonging to accused family,
situated at Versova Andheri Mumbai, under pretext of "Right to Residence to Daughter-in-law".
Complainant was present in General Body Meeting of the Co-Op Society held on 15th December
2003 to seek assistance of society members on basis of POLICE PAPERS. However the Managing
Committee of the Society did not come into her criminal trap and declined to permit her to break
open the locks of the flat and enter into possession of flat in absence of any COURT ORDER duly
directing the Society in the matter.
The conditional bail was granted by the court, and the accused were released from Police custody.The bail order is as under:-

MEMO Mumbai, Dt. 1/7/2003 TO:The Inspector of Police.Nagpada Police Station.Mumbai. You are hereby informed that the accused No. 1 Dinesh Gop Lalwani and accused No. 2 smt Indira Gop Lalwani who were arrested by your police station in C.R. No. 405/2002 of the offence punishable U/ sec 498(a), 406, 34 I.P.C r/w 4 Dowry Act are ordered to be released on execution of P. R. Bond of Rs. 20,000/- each with one of sureties in the like amount with a condition to attend police station every day from 10.00 a.m to 12.00 noon until further orders. Accused are ordered to surrender their Passport and Green Card (in original) with I.O. Accused are further directed not to leave the limit of Mumbai without prior permission of court till further orders. Option of cash bail of Rs. 20,000/- each is allowed in lieu of solvent surety. This is for your information and compliance condition. By order SD/- Judicial Clerk, Metropolitan Magistrate's 15th Court, Mazgaon, Mumbai. The accused attended Nagpada Police station between 10.00 A.M. to 12.00 Noon as ordered by the court.Accused submitted an application to the concerned Magistrate on 14.7.2003 for return
of their USA Passports and permission to leave India. The request was granted and the USA
Passports were returned and permission to leave India was granted on the same day. The Court
Order is as under:- RETURN OF PASSPORT & PERMISSION TO GO BACK TO U.S.AAND CANCELLATION OF ATTENDANCE. NOTICE NO: 103/N/2003 and Mumbai, Dated 14th July 2003. 104/N/2003 C.R. No. 405/2002M E M O: The Inspector of Police, Nagpada Police Station, Mumbai is hereby informed that on application made by Smt. Indira Gope Lalwani in Notice No. 103/N/2003 and Dinesh Gope Lalwani in Notice No. 104/N/2003 for return of Passport bearing No. 95443898 of U.S. Passport and Passport bearing No. 112524200 of U.S.Passport and permission to go back to U.S.A. and cancellation of attendance. The said Passports are lying in your custody. This Court has passed the following order: O R D E R"Notice No. 103/N/2003 & 104/N/2003 and prayer made therein of boththe accused is hereby allowed. They are permitted to leave India". Senior P. I. of Nagpada Police Station is hereby directed to hand over the original Passports of both applicants /accused by retaining xerox copies on record. Both applicant/accused are hereby directed to keep their advocate on record to present them in court on each and every date until further orders. Failing which, necessary action will be taken against both the applicant/accused. Applicant/Accused are hereby directed to furnish additional surety or cash security of Rs. 10,000/-each against receiving Passports from Nagpada Police Station. Applicant/Accused are permitted to go abroad for six months and directed to report their where abouts to Nagpada Police Station within that period of six months. "Attendance conditions imposed in bail order are vacated". You are therefore directed to comply above orders. BY ORDER ROUND SEAL SD/- METROPOLITAN MAGISTRATE 15th Court, Mazgaon, Mumbai.TO:The Inspector of PoliceNagpada Police Station Mumbai.

Metropolitan Magistrate did not even review his own earlier Judicial order, directing to the Police to take possession of Indian Passports and USA Green -Cards from the accused. Metropolitan Magistrate even did not ascertain the non compliance of the said Judicial orders, and the reasons
for the non-compliance of the order by the Police.Therefore the above order returning the passports confirms that the concerned Magistrate was very well aware that the accused were USA Citizens and their USA Passports were in possession of Nagpada Police Station and allowed the police to deny the possession of passports.
Metropolitan Magistrate's failure to ensure effective implementation of his bail orders requiring the surrender of Indian passports and Green Cards by the accused, to the Nagpada Police Station, after determining that accused were Indian Citizens..... Subsequently Ordering the Nagpada Police Station to return the USA Passports to the USA Citizens, who had earlier denied possession
of the said USA Passports ....Subsequently Recognising the Foreign Nationals not being Indian
Nationals by the same Judge, proves hand and glove conduct and speaks volumesof conspiracy. The concerned Magistrate at Metropolitan Court caused great injustice to the accused as
He deliberately failed to apply his mind before proceeding with the matter.
He even did not care to read and understand the case. deliberately.
He simply took the text from the Nagpada Police Station.
He did not apply his mind properly at the stage of scrutiny nor the requirements of law
were correctly and responsibly followed in the matter.

This case is nothing but the abuse of criminal process and deliberate violation & misuse of law.
The material on record clearly indicate abuse of legal procedures leaving evidence of illegal
conduct by the complainant and law enforcersthemselves.
The complainant has been playing her games causing nuisance not only to the falsely accused familybut also to the prosecuting authorities and the legal system itself, making vague and omnibusallegations against every member of the family , involving everybody under Section 498A and 406 of the IPC by making one or the other allegations.The case is a clear example of malafide where the proceedings have been maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite them .

Thanking You.

Regards.
Gope Lalwani.
Pennsylvania USA.