Anticipatory Bail
Sunlawseeker
(Querist) 30 January 2011
This query is : Resolved
Dear Advocates !
I'm practicing on investment or financial law because of which not aware of criminal side well.
MY QUERY:
My client is working as a sales man in a ration shop.
He has been involved by his superior in a false allegation that he had involved in a smuggling of rice from the shop.
But, he denies that allegation whereas their superior is going to give complaint in food cell.
Kindly suggest me what should i do in this regard to save him from this false allegation?
Thanking you
Regards
V.Sundaresan
s.subramanian
(Expert) 31 January 2011
If such a complaint is made,he will be charged under the Essential Commodities Act. He has to seek Anticipatory bail.
Ajay Bansal
(Expert) 31 January 2011
What is the status of vthat complaint.
Amit Minocha
(Expert) 31 January 2011
agree with Mr Subramanian
vijayan
(Expert) 31 January 2011
Essential commodities act has no role in this case because it is only an allegation of theft by servant. If complaint is lodged by the superior, police shall register a case under section 381 of IPC.
There is no remedy for a case "going to file". If an FIR is registered, file application for anticipatory bail before sessions court or High court; or if you have confidence that you can convince the trial court that it is a false allegation, surrender before it and obtain bail.
Guest
(Expert) 01 February 2011
In my view, besides the Anticipatory bail, the Salesman being the Govt Servant can escalate this issue to the Civil Supplies authorities higher than his immediate superior and seek their intervention by ordering a Departmental Inquiry. In any case, he can always file counter-complaint stating that the superior officer wants to extort money from him (which is almost true in all the Departments!).
Sunlawseeker
(Querist) 21 February 2011
Thanks a lot for your kind advice and sharing.
