Representation u/s 154 (3) of the Criminal Procedure Code

REPRESENTATION

BY HAND / SPEEDPOST

17th July, 2013

To,

The Deputy Commissioner of Police,

Zone - X, 2nd Floor,

MIDC Police Station,

MIDC, Andheri East,

Mumbai

Subject: Representation u/s 154 (3)  of the Criminal Procedure Code for willful refusal of the duty officer to accept written complaint.

Sir,

We are filing this representation before your office due to the blatant refusal of the Asst. Police Inspector, MIDC Police, Mr. Gagh to register a crime as per the provisions laid down in the Criminal Procedure Code. Moreover, he refused to accept the written complaint made by us willfully neglecting to due he legal duty.

Further it is most unfortunate that API Gagh overlooked to even go through the contents of our written complaint before making his decisions and on his own whim and wish made a NC making one of the complainants sign on the same. By doing this, not only he neglected to do his public duty but also showed deliberate disregard to his legal duty. We are attaching copy of our written complaint dated 16th July, 2013 along with this representation which was refused to be acknowledged/accepted by the API Gagh.

The brief of the complaint are as under:

Maharashtra Hind Security Guard Private Limited is a security company and has a license issued by the office of the Commissioner of Police to run the security business. They are operating at their office at B/16, Gurudev Apartment, 5^th Floor, Chembur Naka, Chembur, Mumbai 400071 (Phone no: 022 25290694) and we are working and posted at Sahar Plaza, A.K. Road, Andheri East, Mumbai 400059 we are the working as security guards/supervisors with this security company mentioned above since long and are all posted at Sahar Plaza at Andheri Kurla Road, Andheri East, Mumbai - 400059

The said company is subject to conditions of the license issued by the office of the Commission of Police, Mumbai; labor law; wages fixed by the Government of Maharashtra and other law/rules that are applicable to it. However, the said security company has been violating all the laws and rules just to exploit/cheat the security men at large.

The said company had not provided the following documents as per the law/rule:

1. Not Paid Salary On Time
2. Not Paid Overtime
3. Appointment Letter
4. Provident Fund Statement
5. Not Depositing The Provident Fund Deducted From The Salaries Since Long
6. Not Paid Arrears
7. No Medical/Casual Or Paid Leave Provided
8. Threats/Pressure To Work For 12 Hours On The Salary Of 8 Hours
9. No Uniform Allowance Provided And Many More Illegal Acts Done By The Company Against The Security Men.

We say that Mr. Rakesh Patange, who claim to be the Secretary of the Mumbai Bhartiya Janta Party had threatened the security men through his bouncers/goons if any security guard is going to against him then he will be no more in the service or terminated or eliminated because he has the political/police and gunda powers.

We say that we had raised the objections/voice against the illegal acts of the said company on 14^th July 2013, when the management of the company forced us to do the duty of 12 hour shift on the payment of 8 hours then and that the company had transfer the salary and paid leave to the accounts of us/security men on 15/07/2013 and all of us get the sms from the bank on their mobile.

We all are shocked and surprised when we are going to withdraw the salary from the ATM then we came to know that there is no salary and overtime and shown the same amount as debit on the same day. It is pertinent to note that after transferred the salary in our account, even the bank have no right to debit the salary from our bank account because we are the signing authority and the sole account holder of the bank (State Bank of India, Fort Market, Bhagwan Bhawan, 71-73, Mint Road, Fort, Mumbai 400001 ). It is further pertinent to note that at the max, the bank have right to hold the amount in the accounts, till the dispute resolve if any?

From the above mentioned facts and circumstances, it is clearly established that the Mr. Rajesh Patange, Chairman of Maharashtra Hind Security Guard Private Limited and other directors along with the manager of the State Bank of India had withdrawn/debit the salary and overtime from our bank accounts without our signature/ consent or knowledge and its amount to conspiracy, criminal breach of trust, cheating with common intention.

We request that you take necessary action against API Gagh for his gross negligence towards this whole matter.

Hence, we all are request your office to direct the Sr. Inspector of Police, MIDC Police Station to register the crime against the above mentioned accused persons  in the interest of natural justice; failing which we would be left with no option but to approach the Hon'ble High Court of Bombay by the way of Writ Petition entirely at your risk at cost as the future of our employment hangs in balance, which you please take a note of.

Thanking You,

Yours Faithfully,

1.    Complainant	2.    Complainant	3.    Complainant
4.    Complainant	5.    Complainant	6.    Complainant
7.    Complainant	8.    Complainant	9.    Complainant
10. Complainant	11. Complainant	12. Complainant
13. Complainant	14. Complainant	15. Complainant
16. Complainant	17. Complainant	18. Complainant
19. Complainant	20. Complainant

Enclosed: As Above

Copy To:

1.    The Hon'ble Chief Justice of the Supreme Court of India, New Delhi 2.    The Hon'ble Chief Justice of the Bombay High Court, Mumbai 3.    The Commissioner of Police, Mumbai 4.    The Jt. Commissioner of Police (Law & Order), Mumbai 5.    The Addl. Commission of Police, Western Region, Mumbai

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