Criminal complaint us 420/409 ipc by private citizen against a public servent
vinod bansal
(Querist) 22 February 2013
This query is : Resolved
R/Experts
I want to know ,whether a public man who is not connected with case/matter can file a crl complaint against a public servent uss 420/409 ipc in the court of judicial magistrate with a request to send the complaint to police us 156 (3), i have a citation of 2 g judgment in which Apex court held that every citizen have a right to file crl complaint against corrupt officers,but here is the problem that if i add sections of prevention of corruption act then magistrate is not empowered to send the crl complaint us 156 (3) being sessions triale & if i file complaint only uss 420/409 ipc there is problem of cause of action as in the present case public servent has caused loss to govt for his self advantage/gain.no pvt person is effected.kindly advise accordingly. Thankyou very much.
Arvind Singh Chauhan
(Expert) 22 February 2013
Mr. Bansal I could not understand How can one mention the section of particular offence in application of 156(3) Cr.P.C. One can only mention facts.
It is only an order for investigation and doesn't matter whatever the outcome of investigation, Offence triable by session/ magistrate / or offence under PC Act etc.
Raj Kumar Makkad
(Expert) 22 February 2013
I do not agree with you Mr. Bansal that the Sessions Court cannot send the PC case to the police for lodging the FIR against accused person under section 156 (3) and further I do not agree with you that a general person is not affected if there is loss to public exchequer.
Raj Kumar Makkad
(Expert) 22 February 2013
Section 190 of Criminal Case empowers every person to move the wheel of justice so a private person can very well file a criminal complaint/case against the erring public officer accused indulged in such crime. In Bhiwani in a similar case, I have got a favourable order 3 days ago from the Court of Sh. a. s. Narang, ASJ, Bhiwani in PC Act case.
vinod bansal
(Querist) 23 February 2013
R/Mr. Arvind ji
In District court Jind there is 100% practice of mentioning relevent sections in crl complaints by the advocates.Anyhow thanx for response.
vinod bansal
(Querist) 23 February 2013
R/Makkad Sir Namaskar
I was talking regarding power of magistrate not of sessions judge,as per section 202 1 a crpc "where it appears to the Magistrate that the offence complaind of is exclusively triable by court of session ,he shall call upon the complainant to produce all his witnesses and examine them on oath." Thankyou very much Sir for your valuable support .Regards
vinod bansal
(Querist) 23 February 2013
R/Makkad Sir
You once again solve my problem by suggesting section 190 crpc, as i am going to file a crl complaint in the court but i was confused on this point.In fact in my complaint there is ingredients of prevention and corruption act but due to section 202 1 a crpc i am constrained to file the complaint only us 420 ipc.Regards
Ajay Bansal
(Expert) 24 February 2013
I don't understand why you are so confused. Please mention all facts of complaint here, so that you can be given proper answer. Recently I have filed 5 complaints under prevention of corruption court at Hisar on behalf of my clients in the court of Sessions Judge, Hisar. All complaints were sent u/s 156 Cr.P.C. courts to vigilance-police.
vinod bansal
(Querist) 24 February 2013
R/Bansal ji
In my case accused who is principal of Govt college of women at jind,by misusing his position misappropriate fund of Rs. 2 lac granted by Govt for girls tour entrusted to him ,he also prepare forged receipts and records,in fact he hired a school bus for girls tour but in records he show two buses further more there is no any record of bus no driver name etc in college record.My client sought information under RTI act and accused replied that he hired two buses for tour of a school run by his wife and son,but no record was maintained in this regard,lateron only some receipts were forged in token of payment of bus fare to a driver namely jagdish even there is no any father name address mobile no bus no on the receipts.As per education only roadways buses are to be hired for this purpose despite this there is 20 travel agencies in Jind city but he hired buses from the school of his wife.In deptt inquiry accused was found guilty. now i want to file a complaint uss of PC act & 420/409/467/468 /471 IPC kindly help SirRegards
vinod bansal
(Querist) 27 February 2013
R/Experts more help required on this issue...
Nadeem Qureshi
(Expert) 27 February 2013
agree with Mr. Makkad and Ajay
you can file a complaint u/s 156 (3) of Crpc for 420/409 and send a complaint to anti corruption department too.
