Court junks cops' clean chit to MSY

Lucknow: The chief judicial magistrate on Tuesday rejected the final report of the Hazratganj police which had given a clean chit to SP chief Mulayam Singh Yadav in connection with an FIR lodged by IPS officer Amitabh Thakur alleging that he had threatened him on phone.
Accepting the protest petition of Thakur moved against the final report, CJM Sandhya Srivastava directed the police to make further investigation in the case and submit the report in the court on September 30.The CJM has directed the Hazratganj circle officer to conduct a test of the voice sample contained in a CD produced by Thakur as an evidence.
In her order, the CJM said that from perusal of the case diary it was evident that the investigating officer did not send the CD of Mulayam's alleged voice to the Forensic Science Laboratory for test to ascertain whether the dialogues were indeed between the complainant and the accused.
Filing the protest petition on November 16, 2015, Thakur had pleaded that from the police probe it was clear that Mulayam had called him and uttered the words he had alleged in the FIR. In such circumstances, the allegations of the FIR were themselves proved.
But the investigating officer forwarded the final report in favour of Mulayam as he is the father of chief miniser Akhilesh Yadav, Thakur alleged in his petition, adding that the investigation was one-sided.
On July 10, 2015, Thakur had lodged a complaint accusing Mulayam of threatening him on phone of dire consequences in connection with a corruption case lodged by his wife Nutan against a minister in the SP government. When police refused to lodge FIR, Thakur approached the CJM court along with he audio clip of the conversation with Mulayam. On the court's direction, the police lodged the FIR against Mulayam on September 24 under IPC section 506 (criminal intimidation).
However, in its final report submitted in the court on October 12, 2015, police have stated that Mulayam had made a phone call to Thakur but it was made only to "make him understand things and not to threaten". The report has also recommended action against Thakur under Section 182 of the IPC for "filing a false case based on wrong facts" for "easy popularity". The IPC Section 182 prescribes imprisonment up to six months and Rs 1,000 fine if a person is found guilty of filing a fabricated police case.
On November 16, 2015 Thakur filed protest petition in which he pleaded that from the police probe it is clear that Mulayam had called him and spoke in the language he had alleged in the FIR. In such circumstances, the allegations of the FIR were themselves proved but the investigation officer forwarded the final report in favour of Mulayam because his son Akhilesh yadav was the chief minister of the state. Thakur had argued that the investigation was one-sided and conducted under pressure.
Incidentally, state government had suspended Amitabh on July 13 and slapped him with a 16-point charge-sheet soon after he lodged complaint against Mulayam. Later, Vigilance Establishment filed a case under anti-corruption Act accusing Amitabh of having assets disproportionate to known sources of income.