Change of person after filing fir on behalf of company

Querist : Anonymous (Querist) 30 August 2018 This query is : Resolved
Respected Sir,

An employee of the company who was an eye witness in crime had lodged FIR through Magistrate Court at Delhi for infringement of company's trade mark and after the order from the court Police registered FIR under section 154 of Cr. PC and record the statement of an employee.

Now the said employee left the company and Police is calling company for further investigations and recording of further statements. The Company approached the said employee to visit delhi and record their further statements and help the cops in investigation but the same was refused by the said employee since he left the Job and he is not ready to go to delhi.

Now, Can company appoint other employee to proceed further in the matter or earlier employee's presence is necessary who had filed FIR on behalf of the company ?

What is the option available ?

Please advise.

Thanks

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Dr J C Vashista (Expert) 31 August 2018
The complaint is based on certain official records, which are still in the power and possession of the company. The employee may leave the company but shall not carry the documents.
You may authorise his/her substitute and proceed as required by law.
What is the opinion and advise of law department of the company, if any?
The company should engage a local prudent lawyer to guide and proceed professionally and not to rely upon the obligation of experts on this site.

N.K.Assumi (Expert) 31 August 2018
Agree with Dr.J.C.Vashista. The status of the company is akin to the "Queen", the Queen is dead, long live the Queen.

P. Venu

(Expert) 31 August 2018
Any other person in the know of the facts can help the investigation. So also, the police is not precluded from calling the former employee for further investigation or arraigning him as a witness during the trial.

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