Ajay (engg) 20 May 2018

354a

All,

Need help on few points-

Person fillied a complaint against few folks working for an oraganization with reason she was illegaly terminated from job. Intially she filled a harrasment complaint againt all team members ,case was trearted with cpmpany ICC and warning latter was issuesd - Stating you should be careful with posting picture on whatsapp group. That picture does not have any kind of p*rnography but all team members peeing in a toilet and picture was taken from back side and posted with caption Team work. Even after clean chit from ICC she went to police after termination . Does that picture attract 354 A?

Ajs

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5 Replies

R Trivedi (advocate.dma@gmail.com) 22 May 2018

No. Picture, pretty common site in real life too, is no way 354 for her as it was sent in a group. Long back I had written an article that this 354 will be misused, and it has started. Pl give full status of her complaint.

Ajay (engg) 23 May 2018

Here are points in complaint -

HR illegally terminated her. So she named for all HR folks in complaint that these folks threatend her in closed room.

Team manager - stare on her body on multiple occasion.

The picture i posted disturbed her mental state and one more accused abused someone else in front of her .

354A,506,500 ,509 IPC registered by the great indian police.

One more question - such cases were multiple people are involved in complaint . is there a responsibikty of compnay to take care of case ? or this fixes responbility on individuals to fight case on thier own ?

Ajs

R Trivedi (advocate.dma@gmail.com) 24 May 2018

Let me answer the easier one first: company need not help, you guys have to come out of this mess yourself only. What about chargesheet? Has it been filed by our great Indian police?

Ajay (engg) 25 May 2018

No chargesheet as of now . Company hired a lawyer for us to fight it. She also filed multiple cases against company in diffrent forum. My only worry is without any evidence how can police entertain such cases . When ICC given me clean chit and fired her ? who is at fault . can someone challenge ICC also ? when complaint it self was false and has not evidence. Her termination was companies decesion now she dragged us also , why company is not responsible ? All other cases filed by her has some sort of linkage with this also.