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Response of Kent Police to the Complaint lodged at the Independent Police Complaints Commission


I received the following letter in the post from Kent Police yesterday:

From: Kent Police Professional Standards Department Grugeon House, Police Headquarters, Sutton Road, Maidstone Kent ME15 9BZ

For the attention of addressee only Dr S Panigrahi 3 Hoath Lane Wigmore Gillingham Kent ME8 0SL

Date: 20 April 2017 Ref: IX/00198/17

Dear Dr Panigrahi

I am writing to you in respect of the correspondence we have received from you via the Independent Police Complaints Commission (IPCC) where you have submitted a complaint against Kent Police. Your complaint has been recorded under the above reference number as the following:

The complainant alleges that Kent Police have failed to record his report of crime in that he has been fined a sum of money for a road traffic offence by the Court and that sum of money should have been returned to him following his appeal against conviction.

The matter you have raised does not fall under the Police Reform Act 2002 for the following reason:-

Abuse of procedure for dealing with complaints

The Independent Police Complaints Commission (IPCC) defines an abuse of the procedure for dealing with complaints as:

Where there is or has been a manipulation or misuse of the complaints system to initiate or progress a complaint which, in all the circumstances of the particular case, should not have been made or should not be allowed to continue.

You have requested Kent Police to record a crime against the Magistrates Court for failing to return to you a sum of money you have paid to them, in relation to a fine you received for a road traffic offence. The foundation of your allegation is you have not received an update from the Court regarding the success of your appeal; therefore they have unlawfully withheld that sum of money by failing to return it to you.

Having reviewed the information concerning this matter it is clear you withdrew your appeal concerning your conviction on 16th March 2017, which is in all likelihood the reason you have not had any update from the Court concerning your appeal. The matter you have reported as a crime is factually incorrect as you have withdrawn your appeal.

Your state you wish to make complaint that Kent Police have failed to record your report of crime, you specify ‘’the Appeal Form lodged (see attached document that was sent to me by the Court for lodgement through Medway Magistrates Court as I did on 25 February 2017’’ knowing at the time of making your complaint on 5th April 2017 you had withdrawn any appeal.

I believe you are making a complaint concerning the non-recording of your report of crime in an attempt to influence Kent Police into recording a matter that should not be recorded as a crime. As you wish to use any such report of crime to influence the Court concerning the money you paid following your conviction, this should be subject of an appeal, to the Court of Appeal and it would be an abuse of the procedure for dealing with complaints to record such a complaint.

It can be demonstrated that the police complaints system is being misused and/or manipulated to influence another process or outcome; in an attempt to try and influence the Magistrates Court. On this basis your complaint has been subject to a non-recording decision and will not be recorded as a complaint.

You have the right to appeal to the Independent Police Complaints Commission (IPCC) against the non-recording of this matter under Regulation 3 of the Police (Complaints and Misconduct) Regulations 2012.

You can access a copy of the Appeal Booklet by going to the IPCC website at http://www.ipcc@gov.uk, or if you do not have access to a computer you can request a copy by contacting the IPCC on telephone number 0300 020 0096.

You have 28 days, starting the day after this letter is dated, in which to make your appeal.

Yours sincerely

DC GIBBINS 11338 Public Complaints (Signed)

I replied by email as follows:

Your Reference: IX/00198/17 Shan Panigrahi To PSD Complaints Kent 22 April 2017 at 10:45 To Professional Standards Department Kent Police Grugeon House Police Headquarters Sutton Road Maidstone, Kent ME15 9BZ

Your Reference: IX/00198/17

For the attention of DC Gibbins 11338

Dear Sir

1. Thank you for your letter dated 20 April 2017.

2. You state that Kent Police is not recording this matter as a crime because I withdrew my Appeal at Maidstone Crown Court, and did not follow up with proceedings of further Appeal and that this is the reason that no crime has taken place. I dispute this assertion on the grounds that I clearly applied for the Appeal to be reinstated and had good grounds for that in that I was waiting for the issue of the Judicial Review of this Notice of Hearing of Appeal from the Administrative Court. The judgement of the Court to this application was as follows: Appeal Mention to Fix A20170027 46TY0039517 (6) maidstonecrowncourt To ‘Shan Panigrahi’ 12 Apr 2017 at 10:06 Dear Dr Panigrahi, Your email to the court of 10 April 2017 has been referred to a judge who has directed a response in the following terms: the only proceedings before Maidstone Crown Court comprised your appeal against your conviction/sentence by the North Kent Magistrates Court on 23 February 2017 in respect of a speeding offence. By your email of 16 March 2017 you expressly abandoned your appeal. Any hearing dates in respect thereof were accordingly vacated. There are therefore no outstanding proceedings before Maidstone Crown Court. Moreover, there appears to be no basis for your appeal, having been abandoned, to be reinstated. The proceedings have therefore concluded. Insofar as your correspondence suggests an inclination to pursue other proceedings, no such proceedings are before this court. It follows that any enquiries which your may have should be directed elsewhere. P Brady Yours sincerely Crown Admin Maidstone Crown Court

3. I pointed out to the Court that I was Appealing this order on the grounds of inconsistencies in the Courts decision since I brought the Appeal to its Attention and to let me have permission to Appeal the judgement at the Court of Appeal Criminal Division. No such permission arrived.

4. Notwithstanding I appealed to the Court of Appeal Criminal Division as follows:

FW: Appeal from a decision on an Appeal decided at Maidstone Crown Court from decisions of Medway Magistrates Court * OFFICIAL * (2) Shan Panigrahi To Criminal Appeal Office, General Office CC registry@supremecourt.uk 13Apr 2017 at 13:09 Dear Mr Asif Khan 1. I am flabbergasted to read from you that this is not a Criminal Appeals Case. I had already been through Civil Appeals Office and they confirmed that this is definitely a criminal appeals Case as it started with a car speeding offence that was prosecuted by Kent Police at Medway Magistrates Court and was appealed at Maidstone Crown Court. At both these courts counter prosecutions were lodged against Kent Police. Further, as a progression of a criminal case step by step it should be free of any court charges for me. 2. The appeal set out is based on the fact that I specifically asked Medway Magistrates Court to put the Chief Constable of Kent Police on personal trial for the criminal activities of Kent Police directed at me as an innocent person of Indian origin and this court has steadfastly refused to progress the primary prosecution on the direction of the Judge in Maidstone Crown Court. This means that the Judge in Maidstone Crown Court was entirely wrong in making that ruling in his judgement that has been submitted to you. You must consider this appeal now or give me permission to take this matter to the Supreme Court. 3. I am therefore requesting you to reconsider your decision immediately. Yours sincerely Dr Shantanu Panigrahi

5. The response of the Court was that I needed to go to the Administrative Court with my Appeal rather than the Court of Appeal Criminal Division or the Civil Appeals. I did both of this and received no responses. Finally, I took the matter to the Supreme Court. From here too there was no reply.

6. I am therefore still without the refund of my £340 or part of it in any case if I take out what I needed to pay for the Speed Awareness Course.

Yours sincerely

Dr Shantanu Panigrahi 3 Hoath Lane Wigmore Gillingham Kent ME8 0SL

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April 23, 2017 Posted by shantanup | Uncategorized | Leave a comment

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