About fir and complaint
Querist :
Anonymous
(Querist) 20 May 2020
This query is : Resolved
A complaint was deliberately filed against a public servant under prevention of corruption Act on a particular date. The grievance of the complainant is that public servant is demanding rupees 10,000/- for signing on some rice coupons in respect of just two works, whereas FIR, which was negligently filed on the immediate next day, contains the facts which are contradictory with the complaint which are as follows:
1. As per the complaint, demanded bribe amount is 10,000/- whereas FIR says demanded bribe amount is just 5,000/-
2. The complaint is in respect of just two works whereas the FIR filed by DSP states “accused is demanding bribe in respect of three works”.
3. Lastly, the designation of public servant is AEE but in the FIR the designation of the public servant is carelessly written as JE (which indicates dereliction on the part of DSP).
The question is under what acts and sections the public servant is protected from such deliberate and careless mistakes? How best the public servant shall proceed further in the relevant case?
P. Venu
(Expert) 20 May 2020
Such factual mistakes do not matter; let the matter be investigated.
Guest
(Expert) 20 May 2020
Instead of pointing out these sort of mistakes which would be obviously an confession statement ( like saying not 5000 it is 10000 etc ) better discuss with an Local Good Senior Advocate in detail and seek the possibilities of getting relieved out of this issue.
Rajendra K Goyal
(Expert) 20 May 2020
Investigation would be conducted and the public servant can be arrested if case so warrant.
Defense would base on the basis of charge sheet / final report.
The above information may or may not be helpful during trial.
Raj Kumar Makkad
(Expert) 20 May 2020
You should not care for the steps to be initiated by DSP qua investigation of the case rather you care for yourself. DSP shall definitely require sanction of Government which is a mandatory requirement for the trial against a public servant and same is the requirement for the complainant.
DSP has to submit his challan on the basis of his investigation and not on the basis of the complaint pending against you on the same incident filed by the complainant, though, major contradictions in the deposition of the complainant, may lead to your acquittal but this is not the stage to take into consideration such minor issues.
Have you obtained bail in FIR and whether you have been summonned in the complaint case?
SHIRISH PAWAR, 7738990900
(Expert) 21 May 2020
Hello,
In the present case already FIR is filed so you have to conduct the trial of the case and get acquittal. You can defend the case on the basis of grounds mentioned by you above.
Rajendra K Goyal
(Expert) 21 May 2020
If the public servant has not arrested, he should try for anticipatory bail.
KISHAN DUTT KALASKAR
(Expert) 21 May 2020
During the course of trial all the relevant facts and defenses shall be put across during the cross examination to the complainant and witnesses and IO.Please CLICK LIKE and follow me if you feel my answer helped you
