Thakur case: Police to collect voice samples from Mulayam
Lucknow police is set to resume investigation on a criminal intimidation complaint filed by IPS Officer Amitabh Thakur against SP leader Mulayam Singh Yadav, post election duties. The Police will collect voice samples from both Singh and Thakur to be sent for forensic testing. This would further be compared with the recording of the phone conversation where Yadav allegedly threatened Thakur.
Thakur's case against Mulayam Singh Yadav
Amitabh Thakur, a 1992-batch IPS officer and Inspector General of Police sought to initiate criminal investigation against Yadav for threatening him via phone. Thakur claims that the threat, followed by his suspension from the service resulted out of the wrath of SP government officials who had been irked by his wife Nutan Thakur's corruption complaint filed against minister Gayatri Prajapati in the Lok Ayukta.
Lucknow court orders Police to charge Mulayam
Lucknow Chief Judicial Magistrate (CJM) Som Prabha, directed Lucknow Police to file FIR against Yadav under Section 156(3) of the Criminal Procedure Code. Going over the audio recording of the conversation it further confirmed that the case fell under criminal intimidation (IPC 506). Lucknow police had previously rejected Thakur's complaint stating "unsubstantiated allegations", while noting that the complaint had been filed for publicity.
CrPC Section 156(3)
Section 156(3) of the Criminal Procedure Code enables a magistrate to initiate investigation in a criminal matter. Under this provision, the Court can order the police to initiate investigation and lodge FIR. The provision further enables citizens an alternative in case of police inaction.
CJM orders investigation report to be quashed
Lucknow CJM Sandhya Srivastave obliged to Thakur's plea to quash the final report of investigation presented by the Hazratganj police. She noted that the report had been prepared on the basis of hearsay evidence, without incorporating forensic evidence from the telephonic conversation. She further directed the police to get the voice samples tested with the State Forensic Science Laboratory and continue with investigation.
Police Report on the investigation
The report submitted to the court on October 12, 2015, notes that the content of the phone call was intended to "make him understand things and not threaten". It further recommended action against Thakur under IPC 182 for "filing false case based on wrong facts".
Thakur case: CJM warns investigating officer with contempt
Noting the lack of progress in the investigation, the CJM directed the investigating officer Bharat Singh, Circle Officer at Krishnanagar police to act swiftly. CJM noted that the officer should comply immediately having taken sufficient time already, failing which contempt proceedings shall be initiated. The order comes about in the background of persistent police inaction on the matter despite repeated court orders.
Why is this important?
Corruption and Goonda raj are said to have flourished under the erstwhile Samajwadi Party (SP) government in UP. The investigation, initiated in 2015 have so far met inordinate delays due to repeated political interference in police action. Forensic evidence gathered from the voice recordings in this context can either help prove Thakur's allegations true or clear the SP of blame.
