Fir
DEEPAK PATNI
(Querist) 16 February 2014
This query is : Resolved
1. How to ensure that once an employee and contractors had lodged FIR on theft, manhandling, threating and once they leave company they should not be summoned to be present before the court.
Is it possible that a company rep is deputed on the above case to register and pursue the FIR without involving the person to come for hearing oftern and must not be called once he leaves the company, as the inident happens with him while he is working for the company and not on any personal grounds.
ajay sethi
(Expert) 16 February 2014
the evidence of employees who have personal knowledge of the facts is necessary to give veidence in the case . application for exemption form personal appearance until further orders can be made before court . not necessary that complainant appears on each and very date if company is represented by its advocate .
Devajyoti Barman
(Expert) 16 February 2014
Both FIR maker and the accused persons even if they leave the company are bound to be present whenever the court and police demands their presence.
Rajendra K Goyal
(Expert) 17 February 2014
The person who lodged the FIR need not be present at all the hearing but he has to be present as and when required by the court or police.
DEEPAK PATNI
(Querist) 18 February 2014
Thanks to all of you for sharing your expertise!
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
The person who filed the complaint based on which a case was registered and has been taken on file of a magistrate court for prosecution and trial, need not be available throughout the trial proceedings of the case, he need to attend the court when he is summoned for deposing his evidence as PW1 or 2 and for cross examination hence need not bother about the regular court proceedings in this regard.
