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Bombay High Court criticises police investigation in Karrm Infrastructures housing scam

Synopsis

The Bombay High Court has expressed deep disappointment with the police investigation into a multi-crore housing scam involving Karrm Infrastructures (Pvt) Ltd. In their written order, the justices reprimanded the investigating police and directed the Director General of Police, State of Maharashtra, to transfer the case to a police officer with the rank of Commissioner of Police. They also mandated that the inquiry report be submitted within four weeks. The court raised serious concerns about the police's inability to respond adequately to its queries and directed the initiation of mediation to devise a comprehensive scheme for the victims. The housing scam involved thousands of flat buyers who were deceived by the developer.

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In a significant ruling, the Bombay High Court recently expressed its deep disappointment with the lacklustre police investigation into the multi-crore housing scam involving Karrm Infrastructures (Pvt) Ltd. Justices AS Gadkari and Sharmila U Deshmukh, presiding over the division bench, sternly reprimanded the investigating police and directed the Director General of Police, State of Maharashtra, Prabhu, to transfer the case to a police officer with the rank of Commissioner of Police. The court further mandated that the inquiry report be submitted within four weeks from the date of the written order, which was issued on October 18, with a deadline of November 29.

In their written order on October 18, the justices raised serious concerns about the investigating police's inability to respond adequately to the court's queries. Additionally, the court directed one of the senior defence counsels to initiate mediation to devise a comprehensive scheme by November 9.

The Karrm Infrastructures housing scam, previously exposed through a series of articles by mid-day, involved approximately 11,500 flat buyers who fell victim to a massive residential housing complex fraud worth hundreds of crores. The developer had even roped in Bollywood celebrities as brand ambassadors to lure unsuspecting customers.

The petition, filed as a criminal writ under Article 226 of the Constitution before the Bombay High Court, represented 19 petitioners, along with numerous flat purchasers, who had been deceived into buying flats. These fraudulent projects included Karam Residency at Dhasal village, Shahapur, Karam Panchtatva at Kasagaon, Shahpur, Karam Brahmaand at Kelwe Road, Palghar, and an incomplete project in Ambernath.

The petitioners sought the transfer of three criminal cases to an independent or specialized agency as the company had promised possession of residential premises within a stipulated timeframe. However, the petitioners never received possession or refunds, leading them to seek justice over several years.

Records revealed that accused individuals had received pre-arrest bail in one of the cases registered at Naupada police station, with no other arrests made except for Ketan Patel. The court expressed bewilderment at the claim that the accused were absconding while enjoying pre-arrest bail. This highlighted the ineffectiveness and neglect of the investigating officers, emphasizing that the interests of the accused seemed to be prioritised over those of the victims.

In response, the court directed the Director General of Police, in Maharashtra, to conduct a thorough inquiry into the investigation of one of the cases. This inquiry was to be carried out by a senior police officer of the IPS cadre, preferably with the rank of Commissioner of Police. The court stressed that such directions were necessary due to the lackadaisical approach of the investigating officers in handling the cases. Moreover, the court recognized the importance of safeguarding the interests of the deceived flat purchasers.

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