Lawrence William (Service) 10 August 2012

Expert advise needed in 408 & 420 IPC's

Dear Experts,

Mr X was working in a publication group. He got another better opportunity in the rival newpaper. The former media group logged a criminal complain on Mr X U/S 112-b, 408,409,420 467,468 ,470 471 IPC etc. Later on in chargesheet only two IPC were left ie. 408 & 420. the chargesheet also mentioned that there is no recovery or discovery in the matter. After a three months legal battle Mr X got bailed out from Hight court. Now after almost three years, the case is starting in the lower court. The complainen was never coming to the court unless a warrent was issued. The complainen him self is been driven out of the same media group. But he came bcoz of the warrent and the media group is vindictive. I need expert advise on the following point.

How should i prepare my defence?
The ommission of more than 8 IPC in the chargesheet can make my defense strong?
I have filed a defamation case with IPC 500 & 501 against the media group.It's pending in fast track court. should i continue or withdraw?
The FIR was against Mr X was lodged in sept 2009, now it's aug 2012. Its criminal waste of courts time and Mr X's money attending it every month. What stand can Mr X & his advocate take?
The complainent's objective for FIR was to stop Mr X joining the new rival media group , & were successful in that.
What are the grounds for acquital/ or discharge?
Mr X is tired attending the dates, with no results what so ever.
All major witnesses are former company employees or their agents or business associates. They are said to be either luired or thretened to be witnesses.

Pl advise.

Regards

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 August 2012

This is a classic case where a purely civil wrong (at best a breach of contractual arrangment) has been given a criminal hue in order to arm twist & dissuade the employee from joining some other firm. Criminal Liability cannot be fastened merely because you took up another company, they' would never be able to prove the disohnest intention requisite to fasten criminal liability. You should go to the High Court for quashing of this case.

(S.482 CrPC) inherent powers are the powers which the court has, as necessary corollary of it being a court of justice to do the right and undo the wrong, to prevent the abuse of the process of law and to secure the ends of justice.

Over the years the power has been used in the following cases (not limited to these grounds, they are only illustrative)-

a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation……

(c) where the uncontroverted allegations made in the FIR or 'complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

(d) …….not applicable

(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

(f) …….N.A

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

These grounds have crystallised after various rulings including :-

i) State of Haryana v. BhajanLal (SC)

ii) M/S Zandu Pharmaceuticals (SC)

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