BENGALURU: The Supreme Court has dismissed the Karnataka High Court order quashing a FIR in Mysuru-based legendary taxidermist Edwin Joubert Van Ingen’s assets case.
Expressing sharp criticism against the high court for quashing an investigation into the alleged swindling of more than `500 crore worth properties of Van Ingen, the apex court in its order on August 1, asked the Director General of Police of the CID to probe police procedural lapses and the sanctity of the FIR and submit a report in 60 days.
The high court had quashed the FIR lodged in March 2013 against Michael Floyd Eshwar, who claimed to be an adopted son of Van Ingen and thus the legal heir of the properties.
While acting on a petition filed by Tilly Gifford, who identified herself as the niece of Van Ingen, a three-judge bench presided over by Justice Ranjan Gogoi dismissed the high court order dated June 19, 2014.
On March 2, 2013, Van Ingen came to Nazarbad police station and lodged a complaint against Michael Floyd Eshwar.
The police did not act but registered the case on March 11 under Sections 401, 409, 420 and 464 of the Indian Penal Code (IPC).However, Van Ingen’s original complaint copy went missing which exposed the serious police procedural lapse.Van Ingen died a bachelor at the age of 101 on March 12, 2013.
Michael Floyd Eshwar, a former horse trainer, has been accused of grabbing the properties worth `500 crore.
“Serious procedural lapses in the registration of the FIR were seen and the misplaced original complaint and the delay in the registration of the FIR till 11.3.2013 (the day prior to the death of Van Ingen) raise serious doubts regarding the reasons for such delay.
“The delay in taking action on Van Ingen’s complaint between March 2 and March 11 only benefits
Michael Floyd Eshwar.“The delay and the advantage it gives him would
safely permit us to conclude that the omissions and commissions by then police inspector of Nazarbad police station Mohan and then Deputy Commissioner of Police Basavaraj Malagatti were at the behest of Michael Floyd Eshwar who claims to be the adopted son of Van Ingen,” the bench observed.
Advocate Joseph Aristotle, appearing for the Karnataka government, submitted that the CID inquiry report showed procedural lapses on part of the police.He said the original complaint was misplaced by then police inspector G N Mohan.