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Crime under IPC

(Querist) 01 April 2009 This query is : Resolved 
Mr. X an employee of say M/s ABC was kidnapped from a particular place during his working hours and is still missing.The employer firm and its members created false situations and presented to police about this incident.Wen police investigated no such incident had taken place. what action can be taken against them? under which section they can be booked under IPC and other acts considering the employee is still missing ?

Please take this on a serious note.
Your help will be deeply appreciated.
Please help. !!!
Neeraj Arora (9897136755) (Expert) 01 April 2009
They can be booked under 362,363,365,120B, IPC
M. PIRAVI PERUMAL (Expert) 01 April 2009
I agree with the view.
PALNITKAR V.V. (Expert) 01 April 2009
I feel that the facts should be clarified further to know what exactly the Employer and other members represented, when the employee got missing and from which place. Please give facts in detail for a better solution.
kiran kumbhar (Expert) 01 April 2009
in simple words, the employer firm and the members may be preosecuted for the misguideing to the investigation procedure. the investigation officer may arrest and require the custudy of the employer on this ground to investigate the offence. may be the offence is committed by the employer firm and its members, if it is so they all will be prosecuted for such offence.
Ashey (Expert) 01 April 2009
i agree with the views
B.B.R.Goud. (Expert) 03 April 2009
you need to initiate and institiute the case against the employer firm, under 362,363,365,120B, IPC,1872.
K.C.Suresh (Expert) 03 April 2009
You can proceed u=der IPC as suggested by the friends. But you can initiate steps to approach the HC is better if possible for you for a conspiracy of Police and employer.
Ashey (Expert) 03 April 2009
why not file a habeaus corpus application before the high court to produce the missing person ?
Raj solanki (Expert) 03 April 2009
if you think that police is not investigate the matter properly or police is under any influance than you may also file a writ petition ( Habeas-corpus) under article 226 constitution of India in the concerned high court and i assure to you that the police will seach that person and than will make every best effort to seach him and i also request to you don't vest any moment and go to high to file the writ.
adv. rajeev ( rajoo ) (Expert) 03 April 2009
I agree with all the members.
Dhruva Shah (Querist) 03 April 2009
The employee was kidnapped from malad. The employer & other members of firm told police dat he had recd threat call for money.Crime Branch investigated into it and found no truth in this information.The employer also mentally tortured employee's father by encouraging his employees to bully his father,saying bad words...etc.Also on the 2nd day after the person was missing, employer's wife says to employee's family "forget your son as u hvnt recd ne info yet". thereafter none of the police has done anything further.

Please guide me how to proceed for writ petition (Habeas-corpus).Where to go? Docments required? time frame within which police to produce the result after this process?

please help !
Guest (Expert) 03 April 2009
Malad is, I think in Bombay. Every High Court has prescribed its own format for writ jurisdiction. Please approach an advocate to file haebeus corpus writ petition making the police department as well as employer as respondents. Court fee is only Rs.50/-. You will get immediate relief in the High Court because the Police Department will be given direction to produce the missing person before the court on the next date of hearing and then police will use its force against the employer to dig out the facts.
Guest (Expert) 03 April 2009
If you are not in a sound financial position, then approach the legal aid cell of Bombay High Court and ask them to file the above said writ petition. Please do it immediately.
Kiran Kumar (Expert) 03 April 2009
offence under the aforesaid sections is no doubt made out.

but filing of habeas corpus petition is a good option at this stage.

Dhruva Shah (Querist) 04 April 2009
I will do it immediately....can u also enlighten me as to what will the court do next?


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