Fir u/s 354d and 67a of it act
Matta
(Querist) 06 February 2016
This query is : Resolved
Hello Experts,
I being working in a private school was terminated by the management without assigning reasons. In consequence to a complaint made to DEO-District Education officer regarding release of payment and statement of reasons (atleast) for termination .
On DEO action, half payment was released and the school director has submitted forged Offer letter (as they doesn't use to give appointment letters, SCN issued by DEO to school for this) and along with it he has made 3-4 female teachers to write fake applications. I received all documents by DEO under RTI.
In between for not getting PF status in records of PF, after a complaint to PF commissioner, inspection conducted by PF Inspector in it and found serious irregularities, hence transferring the case in Sec 7A detailed inquiry stage. Acc to PF commissioner, if i am able to provide certain evidences,it could lead to criminal FIR against the school director. Letter from PF commissioner in possession.
On careful examination, i learned that Offer letter provided by school is forged minutely for my signatures & handwriting to which i complaint to DIG for action, But as usual, our corrupt indian cops at Police station level has refused to file FIR u/s 420, 469 & 471 & has written it is my own signatures which i am accepting to deny. For which i send the document to MP HC approved Handwriting & Signatures expert for Expert Opinion u/s 145 of Evidence act.
Meanwhile, i sent legal notice to those Management & female teachers who wrote false light / Defamatory / Fake applications addressed to principal and submitted to DEO. For its being Fake i am having sufficient proofs.
After receipt of Detailed Reasoning Report it was opined that signatures are minutely copied and also handwriting doesn't resembles of mine. I moved it to DIG again telling about previous report anf he moved it now to CSP rank for investigation. CSP handed it to TI-Thana Inspector for recording statement. TI was not recording statement despite instructions.
And after gap of 10-12 days, One of the female from the noticee has filed FIR in police for 354D and 67A of IT act. IT IS A FAKE FIR!
When i called TI for taking statement, he informed about FIR against me and threaten me for Arrest. Well this conversation recorded on call!
I somehow approcahed Addtl DGP (Complaints) of MP. He took the complaint of 420 as well as 354D FIR against me in his personal monitoring by written order to put it in DG Monit case. Ordered for full investigation TO DIG not below rank of DSP before arrest. Investigation not properly initiated till date!
Again this bloody cops, are not conducting any inquiry now. Arrest has not been made since 1.5 months. They say investigation going on. But due to this, i am prolonged unemployed in any educational institution after FIR info has been published in newspapers. THIS IS THE SERIOUSNESS to ME, my career!
Therefore, I seek advise on following issues :
1. Could arrest be done without getting directions from DIG?
2. Could police arrest me before getting Sexually Explicit content in investigation (which are in true, normal wordings single message sent before 2 months of FIR informing legal action to female) OR it can be presented directly presented in court after my arrest?
3. Can i demand for sec 164 statement of female concern? and Would it be favourable for me?
4. Could FIR be quashed if sexually explicit content not found in investigation?
5. What is the remedy, if police is pressurising at this stage to take back the complaint of 420 in relation to Collector level inquiry by threatening about arrest?
6. Could police try to get cancel my 438 bail application or can magistrate reject anticipatory bail?
7. Would legal notice sent through my counsel before 2 months of FIR against me be taken cognizance by police or court as evidence in my defence?
what other advises by learned counsel to me?
Dr J C Vashista
(Expert) 07 February 2016
Too long story and not a query, be precise.
or
Consult a local prudent lawyer.
Rajendra K Goyal
(Expert) 07 February 2016
1. Normally not.
2. Depend on circumstances.
3. Discuss with your lawyer.
4. Yes it can be quashed, if HC satisfied.
5. Depends on you, how to proceed.
6. May or may not.
7. Full document need to be referred.
Consult local lawyer and discuss in detail by showing full case file.
Devajyoti Barman
(Expert) 07 February 2016
Consult a lawyer fast who after seeing the FIR can advise you properly.
In cases of this type you can easily be arrested unless get anticipatory bail.
Matta
(Querist) 13 February 2016
Thanx to all respeted experts....Thanks Goyal sir!
