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Vinod   05 March 2017

Ipc336

When I was working as Astt. Manager HR at that time one of employee died,hitted by machine. There was no any manager in the factory. GM and Partner(owner) was only there. But in FIR I & production supervisor are accused.Kindly suggess what to do?


Learning

 9 Replies

shrenik (lawyer)     05 March 2017

If you were not present at crime scene then easily you can go to high court and quash FIR
1 Like

Vinod   05 March 2017

No I was not present at the time of accident. But we are the person who signed paper etc. in police station(Byan). As I think Policeman had also write that I was working there as a Manager & auth. person. But I was not autorized for anything nor I was a Manager. 

Vinod   05 March 2017

But FIR logged in 2015


(Guest)

Agree with Mr Singh's advise.

vivekjoshi   05 March 2017

The Offence is bailable. The police will produce you before Learned Magistrate and on the same day you can apply for bail and the same will be granted. Kinldy collect the charge sheet and discusss with your advocate. What is the role which has been assigned you in the charge sheet. Going to high court for quashing is also an option but this can be confirmed only by seeing the charge sheet. In any case, the prosecution has to prove its case that you were the person who was responsible for this act. You will get acquitted incase they are not able to prove there charges. FIRST GO THORUGH THE CHARGESHEET AND HIER A COMPETENT LAWYER.

Sudhir Kumar, Advocate (Advocate)     05 March 2017

read factories act.

see definition of occupier and see if you as HR manager fit into the definition of "occupier"

1 Like

Vinod   20 March 2017

Sir I also want to confirm that can I claim for TA etc. from company? However I'd left that company in 2016.

Vinod   20 March 2017

Sir as per Occupier definition it was not fitted to me. I was just an Astt. Manager HR. There was nothing in writing that I was authorized to make,sign any statement on the matter. This is just for company sake/settlement I had signed documents in police station. 

Vinod   20 March 2017

Originally posted by : Vinod
Sir I also want to confirm that can I claim for TA etc. from company? However I'd left that company in 2016.

 


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