Revision - nailing i.o.
V.N.K. MENON
(Querist) 05 June 2013
This query is : Resolved
Friends,
In a case, ‘X’ filed a case u/s 405, 420 IPC against employer ‘Y’ for p.f. deducted but not deposited by Y – analogous case is of Kingfisher Airlines. (It is pertinent to say that Y is entangled in anther graft case and in a number of environmental violations). Police Investigation was ordered by Magistrate.
There are a’fortiori reasons to believe that that I.O. has been bribed by Y and he stated that no cognizable offence has been committed. Magistrate asked the IO to produce on what basis he has arrived at the Status report.
IO submitted some documents and on careful scrutiny it was found that the documents do not support his version. X filed protest petition to reject /dismiss status report. The matter was listed for arguments. IO abstained.
In the meantime new Magistrate came and he hurriedly dismissed the complaint without arguments the very first day of his in the court for implied reasons.
Revision petition was filed by X making IO and Y as parties. Notice was sent to Y to appear by sessions. This means Status Report was rejected.
Now the question is how IO can be prosecuted u/s 218 and 167 IPC and /or any other provisions ? Whether permission is required from Police to prosecute the IO under the Delhi Police Act and who is the authority who gives permission?
Shall be grateful for members’ valuable views.
Thanks and regards,
Devajyoti Barman
(Expert) 05 June 2013
You have to separately lodge complaint for prosecuting the IO.
No sanctioning is needed to take cognizance of this charges. However before commencement of trial the sanction should come.
Rajendra K Goyal
(Expert) 05 June 2013
Agreed with the Expert Barman Ji, nothing more to add.
Raj Kumar Makkad
(Expert) 05 June 2013
As IO has done offence beyond his duty, no sanction is required and he can definitely be taken in a separate complaint under the sections you propose.
R.K Nanda
(Expert) 05 June 2013
no more to add.
V.N.K. MENON
(Querist) 06 June 2013
Thanks from the depth of heart to all members for valuable guidance/opinion,
vnk menon
V.N.K. MENON
(Querist) 06 June 2013
I add that, is it appropriate to file the matter for prosecution of I.O. in Magistrate's court or whether it should be filed in Sessions? Any limitation is applicable?
V.N.K. MENON
(Querist) 08 June 2013
Mr. D. Barman &Mr. Makkad,
I feel my last query has escaped your attention, pl.
In your considered opinion it is prudent / feasible to file case against I.O. before ACMM or SESSIONS.
Shall appreciate your reply.
Best regards,
