Upgrad LLM

CR PC 340

This query is : Resolved 
 

(Querist)
20 July 2009

IN THE PROCEEDINGS OF THE CHARGE SHEET TO BANK EMPLOYEE, SOME FORGED DOCUMENTS WERE USED ON WHICH THE CHARGES WERE LEVELED AGAINST THE EMPLOYEE. CAN THE EMPLOYEE USE THE CR PC 340 AGAINST THE PERSONS FRAMING THE CHARGES, ATTESTING THE DOCUMENTS AS GENUINE AND THE PERSON PRESENTING ON BEHALF OF THE BANK BEFORE THE ENQUIRY AUTHORITY. HOW THIS SECTION CAN BE USED BEFORE THE ENQUIRY AUTHORITY.HAS ENQUIRY AUTHORITY THE RIGHT TO REFER THE CASE BEFORE THE JUDICIARY. WHAT ARE THE REMEDIES TO THE CHARGED EMPLOYEE OFFICER.


Swami Sadashiva Brahmendra Sar (Expert)
21 July 2009

s. 340 CrPC is not applicable in this case as alleged documents were not in possesion of the court.

n.k.sarin (Expert)
21 July 2009

Mr. Raj,In this matter sec 340 Cr.P.c. is not applicable as said Mr.Tripathi.If you believe that on the basis of some forged document charges were leveled against the employee.The said employee has the right to file defamation suit against the said person in the criminal court and can claim damages also in the civil court.

PALNITKAR V.V. (Expert)
21 July 2009

Mr. Sarin and Mr. tripathi are right.

RAJ KUMAR (Querist)
21 July 2009

THANKS FOR THE RESPONSE. PLEASE REFER TO THE DECISION OF SUPREME COURT OF INDIA IN THE CASE OF N NATARAJAN V/S B.K.SUBBARAO
AIR(541). IN WHICH IT IS QUOTED THAT EVEN A STRANGER CAN PUT THE LEGAL MACHINERY INTO MOTION BY VIRTUE OF THE CR PC 340.HERE I WOULD LIKE TO MENTION THAT THE DOCUMENTS WERE PRODUCED BEFORE THE ENQUIRY AUTHORITY (WHICH WORKS AS QUASI JUDICIAL).PLEASE ADVISE IN THE LIGHT OF THIS.

n.k.sarin (Expert)
22 July 2009

Mr.Raj inquiry authority may work as quasi judicial but his power is limited. The authority has no power under Cr.P.C.

RAJ KUMAR (Querist)
23 July 2009

i have received the answers but i am not fully satisfied.



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