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BM   01 September 2017

Fir & chargesheet wrongly filed by state owned electric co

As one of the Directors of a Pvt. Ltd. Company, I signed as authorized signatory to take a new Electricity Connection around the year 1996. However, in the year 2003 I resigned as Director of the company and severed all ties with the company.

Recently I was informed by the police station that an arrest warrant has been issued in my name u/s 135(1)(E) of the Electricity Act, 2003 amended 2007. I found that the electric company (State owned ‘WBSEDCL’) filed an F.I.R. against me in the year 2010 for unauthorized use of Electricity.

Since 2003 I did not receive any communication from either WBSEDCL or the Pvt. Ltd. Company regarding this matter and so I was not aware of this. After the FIR was filed, the investigating officer (IO) must have given my name on hearsay and reported me as an absconder as he was unable to get in touch with me. The summon that was also issued in my name by the court must have gone to the company’s address or to the address where the electric meter is installed. Given I had no connection with the Pvt. Ltd. Company, none of this was informed to me by them.

I approached WBSEDCL and the Police Station with Form-32 as a proof of my resignation from the Pvt. Ltd. Company in the year 2003. The WBSEDCL as well as the Police Station is saying that the chargesheet was filed in the year 2010 so nothing can be done and I need to approach the court regarding the same.

WBSEDCL is blaming Police Station for not investigating properly while the Police Station is blaming WBSEDCL for filing an FIR against me when I was not the Director. Here I am getting harassed by the two for no fault of mine.

Someone suggested that the chargesheet can be amended or a new chargesheet can be filed. But the Police Station denies this claim and says that no new/additional/supplementary chargesheet can be filed anymore.

When I approached the WBSEDCL to withdraw the FIR they said it is not possible to withdraw the FIR now given the chargesheet is already filed.

My questions to you:

 

  1. Can the WBSEDCL withdraw the FIR made in my name and made in the name of the directors of the co. in the year 2010?
  2. Can the Police Station file new/additional/supplementary chargesheet removing my name from the case?
  3. What is the quickest way to get relief in this matter since I am having sleepless nights for the mistake of WBSEDCL and Police

I am not sure what should my next step be? Please advice. Thanks in advance.

  



Learning

 2 Replies

Siddharth Srivastava (Advocate)     01 September 2017

Firstly get your arrest warrant set aside by filing necessary application in court. Also obtain form 35 provided in company law which proves your resignation from the company. Also obtain copy of resolution, your resignation sumitted, form 35, public notice and defend your case and if required get FIR quashed from high court. If required consult with details. Sidharth 9811776422

Dr J C Vashista (Advocate)     02 September 2017

1. Too long a story to read and reply, no time.

2. Be brief and precise if you want some opinion and advise FREE OF COST on this platform.

3. Consult and engage a local lawyer for proper appreciation of facts and circumstances, guidance and proceeding.


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