NHRC notices to the Chief Secretary, Govt of Maharashtra and Pune Police Commissioner on the reports of four deaths while cleaning septic tank

New Delhi, Dated 03rd March, 2022

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of media reports that four persons died due to suffocation while cleaning a septic tank at a residential building in LoniKalbhor area on the out scouts of Pune city on 2nd March, 2022.

It has issued notices, returnable within four weeks, to the Chief Secretary, Government of Maharashtra and Police Commissioner, Puneto submit reports on the status of the case. The report should include the details of compensation paid or if not, show cause why it should not be recommended to be paid to the NoK of the four victims. The Commission has also asked the details of the case registered, if any, against those who engaged them for sewage cleaning without providing adequate safety equipment.

The Commission has observed that despite laws and Supreme Court judgment, every other day, deaths in sewage cleaning are being reported from various parts of the country due to the lack of safety equipment, which tantamount to violation of human rights. It is completely unwarranted that the poor people die for their livelihood due to lackadaisical attitude on the part of the authorities. There is a need for strong commitment on part of the state authorities, which is lacking, to save these lives.

According to the media reports, carried today on 03rd March, 2022, the two workers initially went inside the septic tank of the building for cleaning but when they started crying for help,the two others also went in. However, they were all asphyxiated.

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ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE

(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.

All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.

 

AICHLS is purely non political and a dedicated Non Government Organisation in service of people for their constitutional rights promotion and protection.

 

Dr. Anthony Raju

Advocate , Supreme Court of India.

Global Chairman , All India Council of Human Rights, Liberties & Social Justice.

Chairman - National Legal Council

International Convener, Universal mission for Peace and Human Rights.

Chairman, National Council of News and Broadcasting.

Secretary General  : Asian Human Rights Council

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NHRC takes a serious view of the groundwater contamination in 31 of 38 districts in Bihar; issues notice to the State Government calling for a report within six weeks

ew Delhi, 4th March, 2022

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of a media report quoting the recent Bihar Economic Survey report 2021-22, tabled in the Assembly, that in 31 of 38 districts of the State the groundwater is contaminated with Arsenic, Fluoride and excessive Iron. These may be causing serious health hazards including, among others, liver and kidney related problems. According to the media report, in all these districts, the rural areas in particular are more impacted.

The Commission has observed that the contents of the media report, if true, raise a serious issue of human rights violation. Accordingly, it has issued notices to the Chief Secretary and Secretary, Public Health Engineering Department, Govt. of Bihar calling for a report within six weeks. It should include safety measures taken to provide potable water in those districts and also the implementation of the scheme under “Har-Ghar-Jal-Nal-Yojana”. The Commission has also asked the State Pollution Control Board to submit the report on the random sampling of groundwater.

The media report, carried on 3rd March, 2022, also revealed that the groundwater in 30,272 rural wards is chemically contaminated. 4,742 rural wards of 14 districts situated along the Ganges are particularly affected by arsenic, 3791 rural wards of 11 districts are affected by fluoride and 09 Koshi basin districts and a few areas in other districts have excessive iron.

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ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE

(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.

All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.

 

AICHLS is purely non political and a dedicated Non Government Organisation in service of people for their constitutional rights promotion and protection.

 

Dr. Anthony Raju

Advocate , Supreme Court of India.

Global Chairman , All India Council of Human Rights, Liberties & Social Justice.

Chairman - National Legal Council

International Convener, Universal mission for Peace and Human Rights.

Chairman, National Council of News and Broadcasting.

Secretary General  : Asian Human Rights Council

International Peace keeper

 

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NIA Raids Residences of Over 25 Rights Activists in Telangana, Andhra Pradesh
While NIA has claimed that the activists have ties with Maoists, members of civil society have alleged that this is a targeted witch-hunt.
https://thewire.in/rights/nia-raids-residences-of-over-25-rights-activists-in-telangana-andhra-pradesh
National Council of News and Broadcasting #NCNB
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ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE
(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally. 
All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
Dr. Anthony Raju 
Advocate , Supreme Court of India.
Global Chairman , All India Council of Human Rights, Liberties & Social Justice.
Chairman - National Legal Council
International Convener, Universal mission for Peace and Human Rights.
Chairman, National Council of News and Broadcasting.
Secretary General  : Asian Human Rights Council 
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We, the governing council and the board of patrons, strongly condemn the Delhi Violence on 26th January’2021, in which hundreds of our police personnel sustained serious injuries in the violence and several of them are still admitted to hospitals in critical condition.

 

Strict action need to be taken against all those involved in Delhi Violence on 26th January’2021.

 

 

 

Sincerely yours

 

 

 

Dr. Anthony Raju

Advocate, Supreme Court

President, All India Council of Human Rights, Liberties and Social Justice

It is responsibility of every public servant to maintain peace and order in the society. In order to do that public servants can promulgate orders. If someone disobey such order, than he would be liable for prosecution in accordance with provision of Section 188 of Indian Penal Code. In the recent scenario, due to COVID-19 pandemic, government had promulgated order of LOCKDOWN and whoever disobeyed order, consequently faced legal action. Now question arises, whether police has authority to file FIR under Section 188 of Indian Penal Code and arrest such person when provision of Section 195(1)(a) of Criminal Procedure Code makes it clear that a Court is incompetent to take cognizance of any offence punishable under Sections 172 to 188 of Indian Penal Code without a written complaint of the concerned public servant.

Interpretation of Section 188 of Indian Penal Code (IPC) and Section 195(1)(a) of Criminal Procedure Code (CrPC)

Section 188 of Indian Penal Code provides for punishment for disobeying order promulgated by Public Servant. According to Schedule 1st of CrPC, offence under section 188 of Indian Penal Code is cognizable. Definition for Cognizable offence is given under Section 2(c) of Criminal Procedure Code Cognizable offence means offences in which police officer may arrest a person without warrant, following procedure given, for arrest.

In landmark cases of Lalita Kumari V. State of Uttar Pradesh and Sandeep Shukla V. State, Hon’ble Courts held that, police is duty bound to register FIR and investigate matter if the information received by them discloses commission of cognizable offence. As the classification of offence under Section 188 of Indian Penal Code is Cognizable and bailable, it is mandatory on Police to file FIR and investigate the case accordingly.

Section 195(1)(a) of Criminal Procedure Code provides procedure for prosecution of contempt of lawful authority of public servant. According to this section, court shall not take cognizance of any offence punishable under Sections 172 to 188 of Indian Penal Code without a written complaint of the concerned public servant. The term Complaint is defined under Section 2(d) of Criminal Procedure Code as any allegation made orally or in writing to magistrate to take action against person who has committed offence and it does not include police report.

The regular procedure for criminal cases is to register an FIR under Section 154 of Criminal Procedure Code, arrest the accused without a warrant and investigation by the police. Eventually, Police need to submit the Final Report (Charge-sheet) on completion of investigation under Section 173 of Criminal Procedure Code On the basis of such report, the Court takes cognizance and trial begins.

Dispute

Now, the conflict is that if the offence has been committed punishable under section 188 of Indian Penal Code, then police shall register FIR accordingly, as it is cognizable offence and follow regular procedure afterwards. However, in accordance with Section 195(1)(a), court is incompetent to take cognizance of offence committed under Section 188 of Indian Penal Code unless a written complaint of the concerned public servant has been given to the court. It means usual procedure of filing FIR, investigation and final report becomes useless.

Also, conflict arose in between Section 154 of Criminal Procedure Code and Section 195 of Criminal Procedure Code As per Section 154, it is mandatory for police to reduce any information as to commission of cognizable offence in writing i.e. to register FIR. Also it is clearly guided by Hon’ble Supreme Court in Lalita Kumari case. However, Section 195 of Criminal Procedure Code states that no court shall take cognizance of case under Section 188 of Indian Penal Code even though it is classified as cognizable offence. Section 154 and 195 of Criminal Procedure Code are apposite to each other and rather contrary.

Whether Section 195 Criminal Procedure Code Bar Registration of FIR and Investigation of offences under Section 188 of Indian Penal code?

Criminal Procedure Code is procedural law whereas Indian Penal Code is substantive law which provides for offence and punishment. Primarily, if we read Section 195 of Criminal Procedure Code, then we will find nothing which will deter police from filing an FIR for offence punishable under Section 188 of IPC. It just making courts incompetent to take cognizance of the case. Filing of FIR and cognizance of the case are two different things. When Criminal Procedure Code itself provides that offence is cognizable, then it would become mandate to register FIR and do further investigation in the matter. Now, question of cognizance come in picture, when police will submit final report or upon receiving a complaint of facts which constitutes offence, in the court in accordance with Section 190 of Criminal Procedure Code. So in my opinion, if court cannot take cognizance of offence under Section 188 of Indian penal code in accordance with Section 195 of Criminal Procedure Code, then it does not mean police cannot file FIR and investigate matter.

There are several judgments giving different views on this issue:

In State of Punjab V. Raj Singh, the Hon’ble Supreme Court held that, Statutory power of the police to investigate case punishable under Section 188 of Indian Penal Code cannot be controlled by Section 195 of Criminal Procedure Code Court further stated that after completion of investigation police can file charge-sheet in the court. Even though Court is incompetent to take cognizance of the case according to Section 195 of CrPC, it can file complaint on the basis of FIR filed by the aggrieved private party.

In M. Narayandas V. State of Karnataka, Hon’ble Supreme Court observed that Sections 195 and 340 of Criminal Procedure Code do not control the power of the police to investigate under Code.

From abovementioned judgments it is clear that, it is mandatory for police to register FIR for offence under Section 188 of Indian Penal Code and nothing in the Section 195 of Criminal Procedure Code prevents or takes away power of police to investigate in offences as contemplated under Section 195 of Criminal Procedure Code.

Perhaps, recently Madras and Bombay High court put different views regarding this issue.

 

Recently, the Madras High Court had quashed an FIR registered against an Anti CAA protestor for offence punishable under Section 188 Indian Penal Code and relied upon judgment in Jeevandham case.

In Jeevandham v. State, Hon’ble High Court has given following guidelines.

A police officer cannot register an FIR for any of the offences punishable under Section 172 to 188 of Indian Penal Code.

A police officer can arrest a person when a cognizable offence under Section 188 of Indian Penal Code is committed in his presence or where arrest is required, to prevent such person from committing an offence under Section 188 of Indian Penal Code.

The role of the police officer will be limited only to the preventive action and immediately thereafter, he has to inform about the same to the concerned public servant, to enable him to give a complaint in writing to court for taking further action.

No judicial court would take cognizance of Final report in respect of such offence.

Further, court directed Director General of Police of Chennai and Inspector General of various zones to immediately formulate process which would empower concerned public servants to deal with offence under Section 188 of Indian Penal Code to ensure no delay in filling written complaint by such public servant in according to Section 195(1)(a) of Criminal Procedure Code.

Bombay High Court in Shrinath Giram v. State of Maharashtra, had taken similar view. The Court held that no Police officer can file FIR for offence punishable under Section 188 of Indian Penal Code and it is barred under Section 195 of Criminal Procedure Code

Also in the case Apurva Ghiya v. State of Chattisgarh, the Hon’ble High Court has held that the police cannot register an FIR for the offence under Section 188 of Indian Penal Code and entire prosecution would be rendered Void-ab-initio if the procedure given under Section 195 of Criminal Procedure Code is not complied with. The Court further observed that, merely because the offence under Section 188 of the Indian Penal Code is cognizable, does not authorise the police officer to register FIR because the registration of FIR would necessarily result in submission of police report under Section 173(8) of the Code which is specifically barred by Section 195(1)(a) read with Section 2(d) of the Code. The definition of “complaint” contained in Section 2(d) of the Code makes it clear that complaint does not include a police report.

These are the different views of courts on this issue. Perhaps judgement given by Hon’ble Madras High court in Jeevandham case, is clearly per-incuriam to the decisions in Raj Singh and M. Narayandas case. Doctrine of per incuriam means judgement given in ignorance of earlier binding precedents. It is bad in eye of law. 

Dispute Resolution

The conflict will arise if we follow default or usual procedure of cognizable offence, while dealing with an offence punishable under Section 188 of Indian Penal Code, due to bar created by Section 195(1)(a) of Criminal Procedure Code To deal with this conflict we could stray a little bit in usual procedure.

When offence punishable under Section 188 is committed and police received information regarding such offence, then police will register FIR, investigate into the matter and prepare final report (Charge-sheet) in usual manner. But, along with final report, public servant shall give a complaint in writing to the court. So, court can take cognizance of the offence and requisite of Section 195 of CrPC would get complied. Perhaps Madras High court was not accepting this contention in Jeevandham Case.

In the recent situation, when the courts are not fully functional, it is not possible for the concerned Public Servant to approach the court. At this situation, Public servant may give informal complaint to police who shall register FIR, investigate matter and prepare informal report of the matter. And, when courts will be fully functional and it will be possible to approach the court, the Public Servant can give formal complaint in writing in accordance to Section 195 of Criminal Procedure Code along with informal investigation report. If there is any irregularity in report, than court is empowered to reject findings and may order fresh investigation.

Conclusion

In 1949, while advocating a new approach towards Interpretation of Statues, Lord Denning MR in Seaford Court Estates Ltd. V. Asher said, “A judge should ask himself the question: if the makers of the Act had themselves come across this ruck in the texture of it, how would they have straightened it out? He must then do as they would have done. A judge must alter the material of which it is woven, but he can and should iron out the creases”.

Under Section 154 of Criminal Procedure Code, it is mandatory for Police to file FIR if they received information which discloses commission of cognizable offence and on other side, Section 195 of Code, deters police from filing FIR for offence punishable under Section 188 of Indian Penal Code even though offence is classified as cognizable. Therefore, there should always be harmonious interpretation of statue if provisions of law are in conflict with each other. If we follow above mentioned solution then both conflicting provisions under Section 188 of Indian Penal Code and Section 195 of Criminal Procedure Code can operate together. Whenever such conflict arises in between two different provisions of law then it becomes fundamentally important to ding the intention of the legislature, especially while interpreting the procedural laws.

In the end, it is open to Courts in the words of Lord Denning to decide which approach is better towards interpretation, whether The Old Grammatical Approach or The Modern Purposive Approach. 

=====================================

 

 

Caught through Finger Print

SUCCESS STORIES OF C.F.P.B. EXPERTS IN THE LAST FIVE YEARS

Readers can have a glimpse of success stories w.r.t. fingerprint cases solved by C.F.P.B. experts in the past five years from 2010 to 2014

I. INTERPOL CASES

1. Identification of an International Fugitive wanted for Homicide in Colombia (South America): CFPB Case Ref. No. 203/2010
   A high priority request for identification of an international fugitive, was received from the O/o the AD (Interpol), CBI, NCB-India, on 04th August 2010. The documents forwarded to CFPB/NCRB consisted of two copies of messages received from Interpol Colombia (South America), with an identification sheet containing demographical details as well as a fingerprint of one BARRIOS GUARIN Jose Mauricio (Colombian Citizen, ID No. 79705615, D.O.B. 14.02.1976) and a 10-digit fingerprint slip of one MAITA RODRIGUEZ Perd Alejandro. The Interpol had requested CFPB to compare single finger print with those on 10-digit fingerprint slip. After meticulous manual comparison of fingerprints on the two documents by Shri S. P. Singh, Inspector, now Dy. Supdt. (F.P.), ascertained that the single fingerprint of BARRIOS GUARIN Jose Mauricio was IDENTICAL with the Right Index (RI) finger impression present on the specimen 10-digit F.P. slip of MAITA RODRIGUEZ Perd Alejandro, hence the two finger prints were found to be of one and the same person. The result of comparison was forwarded to AD (Interpol), CBI- NCB India, New Delhi, in record time. Sh. S.P. Singh, Dy. Supdt. (FP), CFPB has also published a number of Scientific Research Papers on Fingerprints, Criminology, Forensic & Police Science etc, which are available on CFPB webpage.

2. Detection of Criminal Antecedents: CFPB Case Ref. No. 224/2011
   A fingerprint slip pertaining to one Singh Iqbal was forwarded by Interpol, London to CBI, New Delhi and was received at CFPB, NCRB, New Delhi for search in the available database. The search slip was processed in FACTS (CFPB-AFIS) and was found to be a ‘trace’ against a record slip archived with CFPB PIN 604744. The successful search brought to light the criminal antecedents of the subjected person, who was convicted in pursuance of criminal case registered vide FIR No. 34 dated 24.09.1996 in the court of SDJM, Nabha on 20.09.2000 U/s 324/34 IPC. The CFPB team which successfully tracing of the Interpol search slip consisted of Inspectors (F.P) Shri P.K.Mishra, Shri Anil Gaynar, and Smt. S. Indira Sudha.

II. CASES / REQUESTS FROM OTHER GOVERNMENT AGENCIES

1. Identification request from NIA, Guwahati, Assam: CFPB F.P. D. Case No. 11/2013
   The NIA supected that N.Shanti Metei chief of PREPAK (UPPK), a banned terrorist organization active in anti-national activities was using forged documents, and false identities, for the purchase immovable properties in India and abroad. Thorough comparison of the fingerprints of T. Hemanta Sharma on land agreements, sale deeds etc, and specimen fingerprints of N.Shanti Metei, led to conclusion that the prints were IDENTICAL, thus proving that N.Shanti Metei used psydonym for illegal purchases. The efforts of  Shri P.S. Gulati, Inspector, now Dy. Supdt. (F.P.) assisited NIA in its persuit for identification of a dreaded terrorism.

2. CFPB Experts assisted Regional Provident Fund Organization (RPFO) in Detecting Dishonest Employer: CFPB F.P. Document Case No. 21/2012
   The case was regarding non-extension of PF benefits to 1200 workers by a construction company, covered under Employees Provident Fund & MP Act 52. The RPFE authorities observed that the record containing the muster roll having names, payment details, thumb impressions of workers, submitted by the company are at variance with the norms, thus requested CFPB/NCRB to examine the case in detail, and furnish opinion on fingerprints thereof. The expert in the bureau examined the documents containing large number of thumb impressions, of which many were of extremely poor quality, and found major discrepancies in the finger impressions of the workers employed by them. The sincere efforts of Shri Ram Ranjan Sharma, Inspector (FP) in cracking the case assisted the RPFO authorities to implicate deceitful employer who manipulated the documents with ulterior motives.

3. Impersonation in the Pre-medical Examination detected with Fingerprints: CFPB F.P. Document Case No. 17/2013
   A finger print document case was received from the Hon’ble CJM, Pouri Garhwal, for experts’ opinion, along with the following original documents - Attendance sheet of G.B. Pant University of Agriculture & Technology, Pantnagar, Uttarakhand, Pre-medical Test sheets of 2011 bearing roll nos. 313813 to 313817, and two specimen finger print slips of one Yusuf Alam S/o Farookh Ahmed. This case was registered vide Cr. No. 10/12 u/s 8,419,420,467,468 & 471 IPC, at PS Srinagar, Janpad Pouri Garhwal. The CFPB experts’ task was to detect whether Yusuf Alam impersonated for one Haripal, in Pre-medical Test - 2011. The case was examined with the help of scientific aids, and it was opined that LTI (left thumb impression) taken against the Roll no. 313815 of Haripal at the examination centre is identical with that of Yusuf Alam. It was because of the efforts of Shri Udham Singh, Inspector (FP), CFPB, that an impersonator was identified.

4. Impersonation/cheating in the recruitment process of the Ordnance Factory: Document Case Nos. 22/2013 & 03/2014
   The authorities at the Ordnance Factory, Ministry of Defense, Raipur, Dehradun, Uttarakhand, doubted the authenticity of the final list of 54-candidates selected through written and trade tests conducted by them. The CFPB was sent finger prints of all the 54-provisionally selected candidates, for comparison to know whether there were any cases of impersonation. After thorough examination, the expert in the Bureau was able to discern, that in three cases the finger impressions were different, from one another, indicating impersonation on the part of the candidates. Sh. Mukesh Kumar, Inspector (FP), CFPB examined the case.

5. Identification of Unknown Dead Body (UDB): CFPB FACTS Case Srl. No. 17/2014
   A total of 55 fingerprint slips for establishing identity were received in FACTS (CFPB-AFIS) from Haridwar, Uttarakhand State police Department. The slips carried fingerprints of Unidentified Dead Bodies (UDBs). Majority of fingerprints were faint, smudged, or partial. All the slips required additional computer based enhancement efforts to make them decipherable for comparison by the system. Out of the 55 slips, one unidentified dead body fingerprint slip matched with the slip of one Jamil S/o. Mustaq of P.S. Kithore, Meerut, U.P. The successful input of UDB Fingerprint slip (CFPB PIN No. 90440105) followed by trace with slip bearing PIN 90423149, revealed the following antecedents of the subjected person - Jamil was convicted in pursuance of criminal case registered vide FIR No. 60 dated 19-03-2013 U/S 363 IPC of ODRS police station. Smt. S. Indira Sudha, Inspector (FP), CFPB was actively involved in the process of identification of the UDB.

6. Five thousand finger impressions for examination from Income Tax Department
   A mammoth case for finger print examination was received at CFPB from Shri P.K. Sharma, Dy. Commission of Income Tax, Circle-12 (i), New Delhi with original registers of `Wages & Labour' comprising 62 pages of A-5 size, and 128 pages of A-4 size (total 190) bearing more than 5000 finger prints for examination. The case was examined by Shri S.K. Tiwari, Inspector (F.P.) and the opinion was given in record time, to fulfill the needs of Income Tax Department.

7. Fraudulent withdrawal of money: CFPB F.P. Document Case No. 13/2014
   A document case received from Sr. Supdt. of Post Offices, Koraput Division, Jeypore (K), Odisha, dated 04.09.2014 regarding one Shri Sushanta Majhi (illiterate person) holding an SB Account No. 7101564 at Ambadola Sub-Post office. A sum of Rs. 9000/- was withdrawn on 26.04.2008, and Rs.19000/-on 22.02.2011 from his SB Account fraudulently. After comparing questioned fingerprints on the withdrawal slips with the ten digit specimen finger print slip, provided by the post office, it was found that the finger impressions did not belong to that of Shri Sushanta Majhi (actual account holder). Thus it became apparent that the money was withdrawn twice by two different individuals, and not by the genuine account holder. The case was examined by Shri Pawan Kumar Mishra, Inspector (FP), CFPB.

8. Debt Recovery Tribunal Case: CFPB F.P. Document Case No. 4/2010
   A person secured the loan of Rs.9.00 lakh from SBI, Jagatpur, Cuttack, Odisha by mortgaging a piece of property as collateral. When he failed to return the loan, the bank initiated the process to impound the mortgaged property. Only then, the bank realized that the property actually belonged to a 70-year old widow, which was mortgaged without her consent or knowledge by the applicant for loan. The elderly lady was the mother of a friend of the accused, and on realizing the fraud she made a plea before the honorable Debt Recovery Tribunal to verify the finger impressions taken on the mortgaged deeds, which were submitted before the lending agency to secure the loan. Interestingly the finger impressions, 63 in total, taken on each page of the deed as testimony, were of extremely poor quality, perhaps, recorded in such manner, deliberately. After a close scrutiny only two finger prints were found to be of some utility, though they too were partial. Nevertheless, the impressions were photographed carefully in CFPB photo-lab; the finger impressions of elderly widow recorded before the tribunal, were compared and found to be different with the finger impressions taken on the mortgaged deeds. Sh. Shibajee Tripathy, Inspector (F.P.), CFPB examined the case and detected impersonation.