Rajkot: Court slams police over pending e-memo collection, memo canceled if NC case not filed within six months after memo issued

For the last several days, Pathani(fine) has been collecting money from the city police by beating the remaining fines of E-memo. Under which a legal battle was started by the youth advocate of Rajkot. They have had great success in this legal battle. In which the police has been slapped by the Hon'ble Court in the matter of collection of this pending e-memo. With this, if the NC case is not filed within six months after giving the memo, orders have been given to cancel the memo. With this, the police will only be able to give memos and will not be able to collect on the spot.

According to Kirit Nkum, president of the Youth Lawyers Association, CCTV cameras have been installed on the highways of Rajkot for a long time. Cameras have been installed. The cameras are being used against motorists and the public. In fact, the purpose of installing CCTV cameras was to protect the lives and property of the people and to prevent illegal activities and pressure. But this CCTV. The cameras were used to harass the poor and the middle class and to issue memos in the name of huge settlement fees for the unjust action of violating the constitutional rights of the traffic police.

Then Young Lawyers Assoc. Has started a legal battle over e-memo for a long time. Hemshu Parekh, convener of Rajkot's Youth Lawyers, and Giriraj Singh Jadeja, a Kshatriya leader advocate, had filed a criminal complaint in a reputed court in Rajkot seeking cancellation of various e-memos (traffic violation notices) received by them. In which the Hon'ble Court took notice of the complaint and issued notices to the Rajkot Police Commissioner, Assistant Commissioner of Police and the responsible officer of the Command and Control Center to file a reply in the court.

The whole matter was referred to the ACP. Traffic appeared in court and a reply was filed through the public prosecutor. Under which representations were made in the court as well as legal arguments. Following these submissions, the court ordered that all undisputed e-currencies should be registered as NC in the court as per the 6-month limitation of the CRPC. And this will be heard in court every day. The order was reported by the court to the Commissioner of Police, A.C.P. (Track) and Command and Control Center. Six months after the police issued the memo, N.C. Will have to file a case. And if that doesn't happen, the memo will be canceled.

Basis of law as per court order:

1. Guiding judgments have been given by the Division Bench of the Hon'ble Supreme Court. The 204 judgment states that the power to impose fines rests solely with the criminal court under section 114. No officer can impose any penalty himself. And even the Hon'ble Court can accept such a complaint only when it comes.
2. AIR 2000 (Bombay): According to the judgment of the Bombay High Court, in a case where there is provision for penalty, the penalty can be imposed only after criminal proceedings, the authorities have no power to impose penalty. Such a principle is enshrined in the above judgment.
3. CRPC According to the law, in order to recover any amount due, a case has to be filed in the court by the system within a maximum of 6 months in the provision of penalty.

Thus, despite the clear provision of laws, large sums of money are collected from the people in the name of conciliation fee by making false legal statements without giving any kind of legal understanding by the system. Against whom also the Young Lawyers Assoc. Namdar is preparing to file a complaint in the court. Also, many representations are being made by the people that the issue of conciliation fee should not be big and should show humane attitude and the people should accept conciliation fee in small amount. The matter is likely to make shocking revelations at the next hearing.