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bharath (consultant)     03 June 2015

Protest petition

Hi Experts, I have filed case on a company under section 420 and 120 IPC the accused had colluded with the IO and filed final report. I have made a protest petition for the same.know will the accused have any other possible ways to stop my protest? can he go for quash. what should be my approach.pls suggest. regards, Bharath



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 7 Replies

N.K.Assumi (Advocate)     04 June 2015

The investigation officer's final report is not binding on the Magistrate, as the same can not ride over the Judicial wisdom of the Magistrate, and th magistrate can make independent application of mind over your complaint despite the final report. Regarding stoping your complaint it depends on the credibility of your complaint.

Adv. Chandrasekhar (Advocate)     04 June 2015

Complainant and Accused have to wait the order on protest petition.  Afteer order is passed, the aggreived party,  either you or accused, can approach the higher court by revision/appeal.

bharath (consultant)     04 June 2015

Thanks a tons for your valid suggestions

Biswanath Roy (Advocate)     07 June 2015

If your approach is based upon bonafide cause that cannot be rebutted by the accused.

bharath (consultant)     08 June 2015

Hi Experts,

Police  concluded that the accused neither committed any conspiracy nor dishonestly induced the complainant to deliver anything in return. It is pertinent to mention that the accused issued experience letter and relieving letter to me recommending employment at any place without any reservation, later on with a deceptive motive misrepresented to my  present employer issuing a derogatory report concealing the real facts of issuance of experience/relieving certificates. The accused with a dishonest intention deprived the right of complainant’s better employment option and to cause wrongful loss is nothing but cheating clubbed with criminal conspiracy.

I brought the same allegations to the notice of The Commissioner of Labour,  The Joint Commisioner of Labour called for the explanation from the accused as the complaint falls under the periphery of Industrial Dispute Act also. The accused took the same varied defence at the Joint Commissioner of Labour as taken at the Police . After perusal of the evidence on record issued a letter to the accused vide Lr. No. B/216/2015 dt. 01.04.2015, the authority advised the accused to correct their mistake as the unfair attitude of the accused damaged the career of the complainant and cannot be appreciated under any circumstances.

on the above i have filed my protest petition where the police had concluded as action dropped .

Please let me know does my alligation falls under cheating U/S 420..

Regards,

Bharath

Biswanath Roy (Advocate)     08 June 2015

Read sec.420 IPC thoroughly to understand its ingrediants required to apply in your case. If you find anything ambiguous you may put your questions before us for clarification.

T. Kalaiselvan, Advocate (Advocate)     20 June 2015

Whether this falls within the provisions of law in which your complaint lies will depend on the contents of your complaint.  If the police report is not satisfactory, you may file a private complaint with the judicial magistrate on the same liens for proper relief and remedy u/s 200 Cr.P.C


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