Complaint by third person
Chetan Pardakhe
(Querist) 27 June 2011
This query is : Resolved
That RTI activist obtain information from the Municipal Council and found that one of the person appointed on contract basis has been made rampant corruption
He informed the same to his head but the head deduct the amount which he has been misappropriated
He going to lodge the FIR, but the police said that he did not have authority to lodge the complaint
What option is available before him ,,, thought he is the RTI activist. Please advise
Also provide the format of Complaint u/s 190 CrPC
dev kapoor
(Expert) 28 June 2011
S.154 Cr.P.C is the most important section with respect to the lodging of FIR.In charge of a Police Station is bound to record FIR,if any information regarding the COMMISSION OF A COGNIZABLE OFFENCE is given to it.If it is oral,it has to be recorded & the informant shall be entitled to a copy of such FIR.He cannot refuse to record the same.FIR can be against a known or unknown person but it must disclose the commission of Cognizable Offence (See Schedule-I at the end of the Code)
In your case it is 'cognizable' indeed.
Regarding complaint....the simple thing you are required to write e.g is :
Sir,
X was temporarily appointed Junior assistant in the MC & entrusted to collection 'shop tax'.He collected Rs.23,500 by the end of May,2011 but instead of remitting the said amount treasury he has misappropriated to his own used for which he was not authorised;
That he was asked by the executive officer to return the same but he has not;
That it is clear that he is guilty of breach of trust & criminally misappropriating Rs.23,500/-;
that in proof copies of the relevant record are annexed.
Kindly take action against him(U/s.406 & 409 IPC)
