Malwani man booked twice for same offence

The Malwani police have booked a man twice within three years for the same offense which is against the Constitution In the second FIR filed last week police have added names of two more people including a UP resident who died last yearSources said that on the complaint of a divisional officer of the Borivli tahsildar office police on January 5 booked Triloknath Tiwari alias Algu Babumiyan Sardar and Shashi Dubey for allegedly encroaching a collectorrsquos land in MalwaniDivisional Officer Santosh Lokare along with other employees visited the spot on December 27 after the tahsildar office received a complaint While enquiring the locals told them that the huts belonged to the trio Lokare then lodged a complaintTriloknath Tiwari the man booked twice on the same offence The death certificate of another accused is named in the second FIRMalwani police registered a case under Sections 441 whoever enters into or upon property in the possession of another with intent to commit an offence 447 criminal trespass and 120 whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an ofnotfence punishable with imprisonment of the IPC No one has been arrested as the offense is bailable said an officerlsquoComplainantcops nexusrsquoSpeaking with midday accused Tiwari said ldquoIn January 2019 on the complaint of the collectorrsquos office Malwani police registered a case and arrested me on the charge of illegal possession of the same land Now they have filed another FIR for the same offense Some mischievous elements are doing this with the intention of extorting by misleading the government machineryrdquoHis lawyer advocate Vijay Shukla said ldquoMalwani policersquos action against my client amounts to double jeopardy It appears that Malwani police station hasnrsquot gone through its own records before filing another FIR They had filed a frivolous FIR in 2019 too and arrested him under Section 447 of the IPC for the same offense While he was released on bail police even filed a charge sheet in the 2019 case It clearly reveals the nexus between the complainant and the policerdquo saidExpert SpeakldquoNo person can be tried and prosecuted twice for the same offense states Article 20 of the Constitution It is expected that the top officers will take cognisance of the matter and conduct a probe against its errant police personnelrdquo said advocate Karan MertiaTahsildar SpeakDubey a contractor had gone to his native village in Bhadohi district of Uttar Pradesh during the second COVID19 wave and died from the disease on April 30 2021Tahsildar Vinod Dhotre said ldquoA complaint was filed against the three men on the basis of the information collected during the visit to the encroached land We are not aware that any of the accused named in the FIR has diedrdquoAn officer from Malwani police station said ldquoWe have registered a case against people whose names were given to us by the concerned authorityrdquo2019Year the first FIR was filed