Please help me in my case
Avinash kumar seth
(Querist) 17 September 2009
This query is : Resolved
Sir,
Complainant lodged FIR against accused u/s 385/384/354IPC. She is a public servant. She had filed in her office apologies letters stating therein that she had filed a false and fabricated complaint/FIR against accused under pressure of her family and the same apologies could not accepted by the complainant before court at time of her statement on S.A. and further the same apologies letter submitted by her to her office has specifically proved by the three officers concerned from the office of the complainant and this letter is already exhibit in the court :-
a) whether this letter is sufficient for acquittal of the accused.
b) As a public servent the complainant as per rule/law wether it is mandatory for her sought permission for lodging FIR against accused from her office or not.riven
PARTHA P BORBORA
(Expert) 17 September 2009
THE APOLOGY LETTER IS A STRONG PEACE OF EVIDENCE IN DEFENCE. SO U MAY BE AQUITED.
THERE IS NO SUCH LAW UNDER WHICH A PUBLIC SERVANT IS BOUND TO TAKE PERMISSION BEFORE FILING AN FIR.riven
Shivasurya
(Expert) 17 September 2009
I agree with Mr. Parthaprotim Borborariven
Sachin Bhatia
(Expert) 17 September 2009
a) Apology Letter is a very strong evidence in support of your side. You may be aquited on this ground.
b)No there is no such law in which a public servent required to take permission for lodging FIR against colleague.riven
Raj Kumar Makkad
(Expert) 17 September 2009
Agree with above mentioned opinion.riven
deepak kumar
(Expert) 20 September 2009
if she has given apology letter and it has been proved by reliable evidence then it should be sufficient to get you acquitted however try to get the complainant examined as a precautionary measure.
if it is proved that the case was false then the court may think of proceeding aaagainst her for filing a false caseriven
