Rakesh Agarwal (President) 14 March 2011

Can I leave the company eeven if case is pending on me which

Sir,

A compalint has been filed by an ST catagoury complainant against me as President and MD of company. It is mentioned in the compalint that because the names of offenders could not be gatrhered from them caught red handed so complaint is being lodged against President and MD in their names.

The case is booked under Prevention of Atrocity act against SC/ST. The case is already in the courts of Sessions Judge.

Now I want to resign from the company and I want to know how can I get rid of the case so that I am not harrassed when I am at other company.

Regards

S K Agarwal

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4 Replies

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 14 March 2011

Mr. Aggarawal

As your case is pending before the Hoble Session Court under SC /ST Act, you cant escape from this case unless you are aquitted by the Court on merits.

It is immaterial whether you resign or not.

Thanks and Regards

Mohd Musabbir Ansari

prashant pundhir (Criminal Lawyer) 14 March 2011

Dear mr. Agrawal ,

Already I have told you that none of the case made out against you as you join the company after the said crime . Best way is to go to high court against the chargesheet and pray for discharge on the above mentioned ground . As far as resign is concern, it's you personal matter and any time you can leave the company . High court is the best avilable option for you to get rid from this case . No doubt your case is so strong as high will certainly provide you the relief .

ADV Rajesh KASRIJA (ADVOCATE) 14 March 2011

Mr aggarwal ji

mr Ansari is absoluitly right

Rakesh Agarwal (President) 15 March 2011

Dear Sir

Thanks for valuable guidence. However, the case status is that Bond has been filled at SDJM court and it has been referred to sassions court where I have been asked to appear. My advocate says that same day he will file the reply of chargesheet given by SDJM court and within 5 days the hounourable court will decide and frame the charges if reply is not satisfactory. However I do not know the truth as some sources says that after appearance, I will get suitable date for reply and again another date of 15-20 days will be given for sone other works etc. It means it will take atleast 2 months if everything goes fast.

I want to know actual time to be taken. Further I want to know can I contact the honourable sessiosn judge directly and submitt the fact either in person or through post? I have herd that some times accused, who were wrongly implicated and natural justice was getting delayed, they wrote a plea to the honourable supremecourt and got fast hearing. Can it be done in this case?

Regards

Agarwal