174[477A. Falsification of accounts ,IPC
Querist :
Anonymous
(Querist) 15 February 2010
This query is : Resolved
i have fullproof official documents against a stste government servant under section mentioned above.
where & how to lodge complaint for prompt action? the department we work may fever him. i am also a govt. servant in the same office.
thanking you
Arvind Singh Chauhan
(Expert) 15 February 2010
You can lodge FIR simply. Rest work is of investigation agency.
Querist :
Anonymous
(Querist) 15 February 2010
THANKS A LOT SIRS.
AS A GOVT, SERVANT DO I NEED PERMISSION FROM SUPERIOR OFFICER TO LODGE FIR TO LOCAL P.S.?
Parveen Kr. Aggarwal
(Expert) 15 February 2010
Section 174 of the Indian Penal Code, 1860:- "Non-attendance in obedience to an order form public servant: Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,intentionally omits to attend at that place of time, or departs form the place where he is bound to attend before the time at which it is lawful for him to depart,shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
Or, if the summons, notice, order of proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
Section 477A of the Indian Penal Code, 1860:- "Falsification of accounts: Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, willfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or willfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular of any material particular form or in, any such book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation-It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed."
Section 197 of the Code of Criminal Procedure, 1973:- "Prosecution of Judges and public servants: (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty no court shall take cognizance of such offence except with the previous sanction-
(a) In the case of it person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;
(b) In the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government:
Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government" were substituted.
(2) ........
(3) ........
(3A) .......
(3B) .......
(4) The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the court before which the trial is to be held."
As such, sanction for prosecution is to be necessarily obtained as the acts complained of are done by him in official capacity. After obtaining the sanction, you may either file a criminal complaint before the Court or may get FIR lodged at the police station because the court can take cognizance of the offence on any of the two.
Dr G V Rao
(Expert) 15 February 2010
Firstly you need to decide whether you have decided to file the complaint despite all the trouble you are going to face in the future. In a similar instance, I too filed a complaint against 17 officials including two Central Government Secretary level officers in the CBI Court at Hyderabad after getting prepared to face all consequences. So I lodged the complainat after exhausting all the avenues within the organisation which did not yield results. Rest investigation follows. So you follow this procedure and then lodge a private complaint in the appropriate Court within your District.
Guest
(Expert) 16 February 2010
agree with experts
