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The Himachal court has ordered the change of police chief and another senior cop over an extortion complaint » Today Latest Stories

The top policeman filed a defamation complaint against the businessman.

Shimla:

The Himachal Pradesh High Court on Tuesday ordered the state government to transfer the state police chief and the Kangra Superintendent of Police so that they do not influence the investigation into a businessman’s complaint of extortion and threat to his life.

The court also said in its order that it intervened due to “exceptional circumstances” in this case, “particularly when the respondent Home Secretary chose to turn a blind eye” to the materials presented in the case.

In his complaint filed on October 28, Palampur-based businessman Nishant Sharma alleged that there was a threat to him, his family and his property. He also questioned the role of Director General of Police Sanjay Kundu, who allegedly made contact with him and asked him to come to Shimla.

“He transferred them (DGP and Kangra police chief) to other posts where they would not have any opportunity to influence the investigation of the case,” a bench of Chief Justice Ramachandra Rao and Justice Jyotsna Rewal Dua said.

“In light of the materials available to us in this case so far, we are satisfied that there are exceptional circumstances for intervention in this matter, most notably when the defendant Home Secretary chose to turn a blind eye to the aforementioned materials for reasons that the order said were “the most well-known.”

The court noted that the Kangra SP showed very little progress in the investigation after deliberately delaying the registration of the FIR till November 16, despite receiving a complaint on October 28 via an email from the complainant.

Earlier, on November 10, after taking cognizance of the businessman’s complaint, the Himachal Pradesh High Court had issued a notice to the service providers in Shimla and Kangra to file a status report in the court in connection with the complaint.

In his complaint, which was also filed with the Chief Justice of Himachal Pradesh High Court, businessman Sharma alleged that there was an imminent threat to him, his family members and property from his associates.

Citing an incident of a “brutal attack” on him in Gurugram on August 25, he said two influential people in Himachal Pradesh, including a former IPS officer, were involved.

“I came to Palampur in Kangra district after the attack but the police department called me from his official number and forced me to come to Shimla. On the same day, two criminals stopped me at McLeodganj in Dharamshala and threatened to harm my child,” he said. A child and a wife aged half a year,” he claimed.

“I drove to Superintendent of Police Kangra’s house in Dharamshala and told her about the ordeal and gave her my complaint but nothing has been done so far,” he claimed.

“I demand an independent and impartial investigation and an FIR be lodged against everyone, including the Directorate General of Police. This is the only way you will be able to arrest this entire gang of extortionists,” he said.

Earlier, a defamation case was registered against Nishant Sharma based on a DGP complaint on charges of damaging his reputation and trying to tarnish his image.

In his complaint, DGP Sanjay Kundu said that Sharma, on October 29, sent a letter to the DGP on his official email, along with copies of it to other officials, in which he made false allegations with the intention of damaging his reputation and tarnishing his image.

A case under Sections 211 (false accusation of offense with intent to hurt), 469 (forgery for the purpose of damaging reputation), 499 (defamation) and 500 of the Indian Penal Code has been registered against the businessman.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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