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victim of marriage (Consultant)     28 July 2014

420 case now for rs 30/month, 34 yer ago. is that possible?

My father recently retired from MP education department after serving for 40 yrs as lecturer and principal at Higher Secondary school. In 1980 he provided a wrong information that made him eligible of an increment of Rs. 30/month. In 2009 when he was principal of school he suspended a 4th grade employee (A peon) on lack of discipline. That employee happened to be from SC category as well.

That peon got to know about wrong information that my father had provided and as part of revenge he started sending complaint against him to all possible authorities. To avoid any controversy, my father gave back all additonal money that he got during 32 years through that wrong information (amounting to a total of 6000 only) as part of retirement settlement. But hell-bent on revenge that peon went to JMFC and filed a private complaint which JMFC took cognizance of U/S CrPC 200 under sections 420,467,468 without any application of mind. Not only this he made my mother co-accused under all these charges.

Can somebody comment if a case can be filed for such tiny amount for a mistake which he had made 34 years ago and amount which he had returned as well? There might be some slight error of judgement on his part 34 years, but is it justified to make him run through the courts at the age of 65 when he otherwise had stellar, spot-free career? Since charges applied carries max sentence of life imprisonment, CrPC 468 doesn't help (even though there are no grounds of 467&468). Can somebody help, we are in deep trouble?

Also, since this case was registered a private complaint, he would be receiving summon through police. What are chances of  their arrest when he appears in JMFC court on 13th August? We are trying to get AB for them, but unlikely if it would happen before 13th of Aug.



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 5 Replies

Arvind Singh Chauhan (advocate)     28 July 2014

468 appllies from the date of knowledge of crime. Get the information whether complainant shows in his complaint the time which bars the cognizance ? then proceed ahead.

CA Mari sankar (Audit Manager & Taxation)     28 July 2014

If interest nd penalty is charged then it comes around above 50 k on a average bank rate basis

victim of marriage (Consultant)     28 July 2014

@ Mari Shankar, total amount which was asked for by education department was 6000. I am not sure about benefit of rs 30. It may have been even less as it was an increment in monthly salary of few rs. Finally when my father asked how much he benefitted, he was asked by Education department that rs. 6k.

VIRAJ KADAM (Advocate Supreme Court of India)     28 July 2014

Dear Friend

You can file 482 CrPC petition before the High Court and get the complaint quashed. The peon has no locus to file the complaint. There is no wrongful loss to him. I feel its a good case on merit you should succeed. Hire some good lawyer. 

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com

T. Kalaiselvan, Advocate (Advocate)     29 July 2014

You may follow the advise of advocate Mr. Viraj Kadam.  He rightly pointed out that the peon has no locus standi to file the said complaint.  If the case has been taken on file on the basis of private complaint, AB need not be obtained.  Attend the court and take the assistance of local advocate as well as go for quashing the complaint before the high court.


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