Ramakrishnaraju (Asst.) 08 August 2012
can a subordinate officer file a police compliant against an employee for a very minor accident occured in the premises of the office without taking cognizance of the Incharge of the Department. Once the FIR is filed, can that be withdrwan by the Officer or will have wait for the court proceedings.
Sudhir Kumar, Advocate (Advocate) 11 August 2012
You query is vague.
For reporting a cognisable offence one does nto need permission of anyone and a non-compundable change cannot be withdrawan.
Please come out with full facts.
Ramakrishnaraju (Asst.) 12 August 2012
Sir
The fact is that a Driver who drove the vehicle (Airline Employee) slow down the vehicle before the Gate, but the area was little slope, though he applied the brake, it went hit the Gate and behind the gate, the police(CISF) personnel who was there, hit slightly and it was not with intention and it was a very very very minor incident, and it is not a cognizable offfence as such. The CISF has got an enmity with that Airline(because some his personal requests were not heeded by the Airline), filed a FIR against the Airline Driver in the Airport Police Station even without informing the Airport Director who is incharge for the Airport and CISF is Administratively reporting them though functionally they are independent. Since it is an incident within the Airport, it should have been reported to the Airport Director, which was not .
Sudhir Kumar, Advocate (Advocate) 20 August 2012
It is a cse of his personal injury. Whn you did not acceed to his request as you were not legally bound then why should he now accept your request when not legally bound.
Why do you feel he was bound to report it to the Airport Director who has no powers under Cr PC.
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