Manhandling by some staffs at office premises
Deep P. Singh
(Querist) 23 February 2016
This query is : Resolved
I am an officer employed at a leading Public Sector Undertaking. I was heading towards my unit head's office, when two persons (one serving staff, the other one a retired personnel) confronted , hurled abuses and manhandled me, within the office premises. They also threatened to kill me, if I do not stay away from testimony in a case of assault on another officer.They did so, as, I am an eye-witness in a case of assault on another officer by one of the assaulters.
I filed written complaint with my Unit Head, leading to suspension of the Serving staff. I have also filed an FIR with police, on these two assaulters. The police have instituted a case u/s-341/353/323/504/506 of IPC against the accused.
1. There are two eye-witnesses from my side, besides a police officer who saved me from the assaulters. So, will that be sufficient to prove charges on the accused?
2. How to set grounds for punishment/arrest u/s 353, as one of the accused is staff, another one is a retired employee.?
3. Would I require direct evidence like video footage to conclusively prove the charges, as there is no cctv camera installed in the office premises (place of occurance)?
4.An FIR under sc/st Act against one of the accused (the retired personnel) has already been filed by another officer few weeks ago. Does this fact make my case stronger in any manner.
Santosh Goswami,Advocate
(Expert) 23 February 2016
1. Its sufficient to base the conviction.
2.It does not matter what their designation are. The said section uses the term 'whoever".
3. Not mandatory in every case to have such proofs. The testimonies of witnesses will be sufficient.
4. May help u in some way.
9555462995
Adv. Yogen Kakade
(Expert) 23 February 2016
FIR under sc/st act is the different issue all together.. but considering the main case issue it seems you have sufficient evidences to get the accused convicted and gets punished for his act.. keep the things available as evidence before the court and let the court decide.
Rajendra K Goyal
(Expert) 23 February 2016
The person is suspended and criminal case has been filed.
Let the case move normally, no need to follow personally.
Guest
(Expert) 23 February 2016
Mr. Deep P Singh,
I really wonder at one of your question, How to set grounds for punishment/arrest u/s 353, as one of the accused is staff, another one is a retired employee?"
The question arises, have you been assigned the duty by the police to set grounds for punishment/ arrest, when the police have already instituted a case u/s-341/353/323/504/506 of IPC against the accused?
Has he not been arrested so far?
So, please clarify these points.
Deep P. Singh
(Querist) 24 February 2016
@Sri PS Dhingra. SIr, I did not mean to say that I have assigned duty to anyone. I just want justice for myself for what happened to me. The accused is still roaming free and made life hell for all officers by threatening and commenting as and when he desires.
I just enquired whether 353 applies to public servants of the same department/PSU? Whether any other evidence will be required besides eye-witnesses?
Deep P. Singh
(Querist) 24 February 2016
@Santosh Goswami Sir...thank you very much for volunteering to help me in this case.
P. Venu
(Expert) 24 February 2016
Let the Law take its course. If the person is a habitual offender, you may bring the matters to the notice of the District Magistrate/SP.
Guest
(Expert) 24 February 2016
Mr. Deep P. Singh,
Very strange response to my reply! Have you really misinterpreted my reply or are trying to twist even a plain language reply? NOWHERE in my reply I have stated that you have asigned duty to anyone.
I just asked you "whether you have been assigned with the duty BY THE POLICE to set grounds for punishment/ arrest" of the accused. Let the ploce do their own duty, as you stand nowhere in discharge of their legal responsibilities.
When the police has already instituted a case u/s-341/353/323/504/506 of IPC against the accused, where remains a role to be played by you to st ground for punishment or arrest of the accused?
In fct, such type of questions are asked by law students without applying their mind before putting their questions.
Dr J C Vashista
(Expert) 26 February 2016
I fully agree with the expert advise of Mr. PS Dhingra ji.
@Deep P Singh,
In law, your status is that of a complainant, not more than that.
Help the police in investigation and further proceeding in the complainant case.
