False FIR
arun kumar
(Querist) 14 June 2016
This query is : Resolved
Dear Sir,
I am working with a developer as an executive my job involves liasoning work.
Recently i was at one of site which is being redeveloped under SRA scheme wherein a chawl owner is claiming rights over the structures of some of our eligible tenants but he has cleverly filed recovery suits before Small Causes Court and suceeded in obtaining warrant of possession against those tenants but they are constantly filing appeals on each order he obtains.
In one such instance we had demolished the hut of our eligible tenant by giving him rent for transit accomodation in order to carry out construction work.
Now my problem is a couple of days ago the hut had been demolished in presence of the tenant himself. Aggrieved by this act the chawl owner shooted the whole demolition process and called on 100 No. thereafter the police have taken immidiete custody of our labor and in order to tell our stand to the police i visitef to the police station where the police took my contact no and after a warning allowed me to go but on next day they had called me to police station and informed me that i along with the labor and the tenant have been booked under IPC 427, 336 and FIR has been made already.
i am guessing that the chawl owner managed the officers due to some political pressure.
please guide me on following.
1) Can i get this FIR quashed.
2) Being merely an employee with no personal and physical presence at the time of demolition can this FIR is maintainable on me.
3) Will i get bail? & does it will affect my career.
Your guidence is highly appriciated.
thanks and regards
Arun Kumar
Devajyoti Barman
(Expert) 14 June 2016
1. If you could show your no involvement in the demolition and n allegations raised in FIR against you, then quashing is a n option.
2.Yes, if it is shown that you were in general charge of the regular activities of the Developer.
3. Yes, there should not be an difficulty to get bail. If you remain in private job such case is not likely pose any threat to your career.
Rajendra K Goyal
(Expert) 14 June 2016
If FIR has been lodged against you, try anticipatory bail / regular bail. Discuss with some local lawyer.
P. Venu
(Expert) 14 June 2016
Apparently, you employer has sidestepped the chawl owner and made a deal with the tenants. It is natural that he is bound to take all the possible steps to safeguard his interest.
In the incident mentioned, you or employer should not have demolished the hut without taking the owner into confidence or adopting he due process of law. Having taken law into hands you are liable. Instructions or authorisation from the employer forms no defense in criminal proceedings.
Kumar Doab
(Expert) 14 June 2016
Engage a very able counsel and defend yourself.
Employee should never indulge into any illegality, violations even if prompted/asked/directed/ordered by employer.
It is one of the possibilities that employer may wash its hands off the matter and be a deserter.
Try to get the expenses now that you may have to incur.
arun kumar
(Querist) 14 June 2016
But Sir, in my case i only visited to police station to present our stand in the matter but the complainant put my name in FIR in order to drag the developer.
arun kumar
(Querist) 14 June 2016
Infact, There was rent agreement between the developer and tenant and also there was no preventive order in force against us and the final order of execution was not there.
