Police notice about employees
Nanasaheb
(Querist) 18 August 2016
This query is : Resolved
Dear Sir / Ma'am.
We are having a company and company has provided the pickup and droop facility to employees from their destination to company we appointed the Transport Contractor. One day bus met an accident with Truck employees get-down from bus and broken the truck glass and mirror.
Then matter went to the police station. Bus contractor has settle the matter with Truck owner and police station.
after the above settlement Police has sent the simple notice to company and mentioned that surrender the all employees who was in the bus because they broken the truck glass and mirror.
as a company what would be the stand?
Request to all seniors please guide the same.
Devajyoti Barman
(Expert) 18 August 2016
First check whether any FIR is registered or not. if yes then what are the charges?
Unless the employees are made accused in the FIR there is no need to take bail on surrender.
Nanasaheb
(Querist) 18 August 2016
Dear Sir (Devajyoti Barman)
Thank you for responding.
FIR is not registered and the Transporter and Truck owner are not in picture now. they are out of mtter.
Police can file chapter case against only employees.
Please advise.
R.K Nanda
(Expert) 18 August 2016
Nothing to add.
Kumar Doab
(Expert) 18 August 2016
NO more to add.
Hemant Agarwal
(Expert) 19 August 2016
1. IF the truck-owner has not registered any NC or FIR against anybody, THEN there is no grievance filed before the Police.
2. IF there is no grievance filed before the Police, THEN Police CANNOT summon anybody for any purposes.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Nanasaheb
(Querist) 19 August 2016
Thank you very much.
Regards,
Nanasaheb
Sudhir Kumar, Advocate
(Expert) 19 August 2016
IPC
Section 147. Punishment for rioting
Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
Section 159. Affray
When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.
Section 160. Punishment for committing affray
Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for one month, or fine of 100 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
SO THERE ARE TWO SECTION OF BAILABLE OFFENSEs ATTRACTED BY YOUR EMPLOYEES.
Police is not at all bound by the complaint given/pursued by the owner of truck nor need to be divert attention if the truck owner and the car owner have settled "civil" dispute.
Police should not at all be justified in ignoring such arsonage in their area. They need to satisfy them selves as to against whom they should register or not register the FIR.
Sudhir Kumar, Advocate
(Expert) 19 August 2016
If you doi not want to coperate with police then the following section can apply on you
Section 174. Non-attendance in obedience to an order form public servant
Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,
intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both,
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A, being legally bound to appear before the 1[High Court] at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section
(b) A, being legally bound to appear before a 2[District Judge], as a witness, in obedience to a summons issued by that 2[District Judge] intentionally omits to appear. A has committed the offence defined in this section.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
Para II
Punishment—Simple imprisonment for 6 months, or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
THIS IS CRIMINAL ACTION WILL NOT BE AGAINST COMPANY BUT AGAINST PERSON WHO RECEIVED NOTICE FROM POLICE.
Raj Kumar Makkad
(Expert) 20 August 2016
None can deny the provisions Sudhir has posted here but crux of the matter is that the dispute qua the accident which also contains the subsequent breaking of window pains and other damage to truck by the employees of the company sitting in the bus, has already been settled and victim do not want any action against anyone. In that situation, the imposition of the sections (just assumption) by the police authorities is illogical but not illegal. so better to enquire from the concerned police station whether any FIR against such employees has been lodged by police authorities for the offence Sudhir indicated.
Raj Kumar Makkad
(Expert) 20 August 2016
If reply is yes then the company has no other option but to cooperate with the police authorities otherwise this is very serious matter and should be brought to the higher officers of the police so that none may misuse his official position.
Sudhir Kumar, Advocate
(Expert) 20 August 2016
as far as civil loss of the truck is concerned the dispute is settled. the company of its employees were nowhere near it.
I have quoted provisions relating to cognizable offices.
when there is cognizable offence then police is not bound (rather not expected) to wait for the victim's complaint.
Police can compel the driver of cab and truck to identify the employees in your premises and can parade them out from your office.
In that case you can very well imagine where your respect and reputation will go.
Better not to take matter lightly.
cherukuri prasad
(Expert) 21 August 2016
Wrong facts. Police will not give such notices. The stand of the company is nothing.
Kumar Doab
(Expert) 21 August 2016
Senior Expert Mr. Raj KUmar Makkad has concluded 'so that none may misuse his official position.'
Full agreed with conclusion.
Nanasaheb
(Querist) 22 August 2016
Dear Sir,
Thank you for responding, I am very glad with this interaction. Again Thank you very Much for support and guidence.
Regards,
Nanasaheb
Kumar Doab
(Expert) 22 August 2016
You are welcome.
It is good to see that some authors do come back to post their appreciation and thanks.
advocatepassy@gmail.com 971794
(Expert) 31 August 2016
