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sanjeev   15 November 2015

When crpc 197 is applicable

sir i am a primary government teacher in uttar pradesh and my appointing authority is district basic education officer .when i was on official duty and on official work gram pradhan beaten due to commission so i made a fir against him under ips 332, 353, 323, 504, 506 in that case he also made a fir against me under 452 ,323 ,504,506 without taking permission from my department in fact that is totally false case but i can not do anything as he belong to ruling political party ,please advice about crpc 197 weather it is applicable or not in my case charge sheets have been submitted from both sides .please advice what to do



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 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     16 November 2015

i amnot going into the criminal cases filed against each other,but u/s 197 crpc,sanction for prosecution of a public servant is not necessary,hence applicable.

Advocate Ravinder (Advocate/Attorney)     16 November 2015

As the opponent is ruling political party leader, he will have influence and contacts with local police, there are only two ways left to you.  One is to withdraw your case and settle the matter amicably, since you are govt employee. If you have imprisoned for two days, you will be suspended. Apart form the above cases, the opponents may indulge you in false cognisable cases.   Second one is, if you have courage and commitment, fight against them. Initially you may have to face some difficulty, but in the end you will win.  Collect few witnesses who can give evidence in your favour in the court. Meet the leaders of non ruling party and take there help.  Contact electronic media and NGOs. For further doubts contact my email. 

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

Before filing the FIR against the gram pradhan, U should have consulted UR higher Up's,for their advice.U R a small employee before these political big wigs.It is very difficult for U to counter them,that too in their place.MY sincere advice is better compromise the issue and save UR job and future or else if U have the ways and means fight the case with patience,courage,local support and last but not the least money.It is left for U choose the best option.Good Luck.


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