False implication by police and detainment at police station for five hours
sanjeev
(Querist) 30 October 2015
This query is : Resolved
sir i am a primary government teacher in uttar pradesh.i went to gram pradhan to get the officials cheques of mid day meal signed as he is the co holder of the account there he asked for 50% commission of that amount which i refused and i asked him to give me in writing so he became angry and he called his family members and started beating me .any hoe i could escape .i went to police station to register a complaint against him but sho was not willing to file a case because of political pressure and he started creating pressure on me to compromise which denied .sho kept me there for 5 hours and finally he registered a cross case under ipc 323,504,506 from both sides then i approached district court for ipc 332 ,353 so it was further added and charge sheet was submitted .but at the same time police added ipc 452 against me that was totally false and charge sheet was sent to the court against me even with out taking permission from the department under crpc 197. now took bail from the distict court now what are the remedies for me am i go to high court for false implication or any thing else please suggest me .thanks please help me
Rajendra K Goyal
(Expert) 31 October 2015
You should report the matter to department, which may suspend you if kept behind bars for more than the required time. .
Formality and procedure is hurdle before the government employees who are not in administration / police before political person.
You have to defend yourself on merits.
Anirudh
(Expert) 31 October 2015
Dear Mr. Rajendra Goyal,
I agree that he should (rather should have reported) report the matter to his office/department.
BUT in this case he has only been detained for 5 hours and not at all arrested. Therefore the question of his getting suspended, on this score does not at all arise.
alexander
(Expert) 31 October 2015
In Delhi there is a system( whether functioning or not I am not sure) that the entry and exit of every person is recorded . He was detained for five hours when he had gone to the Police Station to lodge an FIR. It doesn't come under "Arrest" or legal detention. Fight the case on merits and apprise the School Authorities about what transpired at the Gram Sabha and the Police Station. The Organisation should fight his case under the Doctrine of Vicarious Rsponsiblity. -
Rajendra K Goyal
(Expert) 31 October 2015
Anirudh sir,
Sorry, for overlooking, provided information not added later by author.
Thanks for pointing out.
K.S.Srinivas
(Expert) 31 October 2015
I agree with Sri Alexander. In fact the author went to the gram pradhan to get the officials cheques of mid day meal. That means during that time it amounts to on official duty. Since he was threatened when he is on duty, it is the duty of the department concerned to defend his case. He was not arrested, just he was kept awaiting in the police station for 5 hours. Since he is not arrested, there is no need to place him under suspension.
The author is advised to take the assistance of the department to defend your case.
sanjeev
(Querist) 01 November 2015
but what about police that kept me for hours and falsely implicated me because i did not agree compromise .i made complaint to nhrc.
Sudhir Kumar, Advocate
(Expert) 31 October 2015
