Revision in sessions
V.N.K. MENON
(Querist) 05 June 2013
This query is : Resolved
In a case, ‘X’ filed a case u/s 405, 420 IPC against employer ‘Y’ for p.f. deducted but not deposited by Y – analogous case is of Kingfisher Airlines. (It is pertinent to say that Y is entangled in another graft case and in a number of environmental violations as well). Police Investigation was ordered by Magistrate. There are a’fortiori reasons to believe that that I.O. has been bribed by Y and he stated that no cognizable offence has been committed. Magistrate asked the IO to produce on what basis he has arrived at the Status report.
IO submitted some documents and on careful scrutiny it was found that the documents do not support his version. X filed protest petition to reject /dismiss status report. The matter was listed for arguments. IO abstained. In the meantime new Magistrate came and he hurriedly dismissed the complaint without arguments the very first day of his in the court for implied reasons.
Revision petition was filed by X making IO and Y as parties. Notice was sent to Y to appear by sessions. This means Status Report was rejected.
Now the question is how IO can be prosecuted u/s 218 and 167 IPC and /or any other provisions ? Whether permission is required from Police to prosecute the IO under the Delhi Police Act and who is the authority who gives permission?
Shall be grateful for members’ valuable views/suggestions/opinions and also citations, if any.
Thanks and regards.
Devajyoti Barman
(Expert) 11 August 2013
Without obtaining sanction he can not be prosecuted.
V.N.K. MENON
(Querist) 26 August 2013
whether revision petition filed under 397 CrPC can be amended. When the revision petition is with regard to dismissal of complaint u/s 405 & 420 IPC?e
Experts and colleagues, could you please examine the same.
Thanks and regards
