LoneFighter (IT) 09 October 2014

Complainant resorting to mental torture

Dear experts,

A2 and A3 in a criminal case is given clean chit by IO. The issue is not that, A2 works with State government. Complainant has written a letter to A2's office, signed it , attached a FIR copy and gave a statement that A2 is absconding. She has to be arrested, etc.

A2 is in a very respectable position and has been a wonderful employee doing a job which involves service. She has a unblemished career. She holds high position in NGO organization. This has been a great humiliation to her, since she is no where related to any of the FIR.

The letter is not sent by IO or any other competent authority. It was sent by complainant attaching a FIR.

Complainant has even sent letters to A1's company attaching the FIR asking them to suspend him or throw him out of company.

Is there any legal way to stop this harassment. If a case is being dealt in Court, i thought one has to proceed only through court instead of resorting to cheap tactics like this.

Please advice, how do we stop all this...

Thanks,

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3 Replies

LoneFighter (IT) 09 October 2014

Please do not say its a hypothetical question. Its pure mental torture. Damaging the good name in the society is something which can never be recovered. So seeking advice on this if there is a way to stop all this. Let the case run in the court and let court decide who deserves what.. but till then, all this is uncalled for.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 09 October 2014

Dear Querist

file a civil suit for defamation along with an application under Order 39 rule 1 &2 of CPC and pray for restraining the opposite party to do these type of cheap tactics to harassed.

the court will consider the same and have power to restrain the opposite party to do that type of the activities.

LoneFighter (IT) 09 October 2014

@Nadeem Qureshi Sir,

Thank you very much Sir.

Complainant stated that A2's absence is hindering investigation and A2 is absconding. But truth is A2's leave application was submitted well before the case filing date. In order to get a speedy trial, she wants A2 to be suspended with immediate effect and also she wants the State govt to order a internal departmental enquiry which is no where related to her work.

Complainant even claimed in the letter that, A2 told someone that she would not mind to spend money to defend A1, which is very much valid. I dont think A2 has said that to anyone. But even if A2 has told that, its a valid thing. :( For this reason, she wanted A2 to be suspended.

Complainant knows that A2 is the only source of income for the family, and the family will not be able to support the case with A2 out of job. So she want to devastate the whole support.

--> I was just wondering since this amounts to mental torture also.... is there a way to file a criminal case.. on grounds of mental cruelty.

--> Just because case is filed on some personal issues, can a state government suspend a govt employee from her service??