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IPC

(Querist) 11 July 2011 This query is : Resolved 
How can we file criminal complaint against public servant u/s 166 of IPC.Whether permission from the competent authority or legal notice required or not?what ingrediants are required for filing complaint in the capacity of private complaint?

Facts of the case are:
I Submitted appeal to competent authrity i.e Govt of Punajb within time limit in Feb 2002 for quashing adverse remarks in ACR.Govt asked my parent deptt to send my service record alongwith commnets of concerned officer of my parents deptt.Comments was to be sent within 3 months from the receipt of appeal as per instruction of Govt.of Punjab but the concerned clerk put up file before the concerned office of my parents deptt after a gap of 4 years and 6 months of delay that too on the intervention of DGP punjab when a DO letter was shoot off in which there was a mention of 6 memorandums which was either misappropriate or criminally lost by the dealing clerk on 25/08/2006.On 26/08/2008 i was ignored from promotion to the rank of Inspector of police.Govt.of Punjab also ordered deptt action against the dealing clerk and equiry conducted and he found guilty but he got enquiry report misappropriated on the way to AGDP to whom he was P.A. Now Can i file complaint u/s 166 IPC as a private complainant?Can legal notice to head of deptt is necessary?Can permission is necessary u/s 197 Cr.P.C?Can i file civil suit under Specific releif act aginst the deptt and the dealing clerk?




M.Sheik Mohammed Ali (Expert) 11 July 2011
as per law if you file against public servant you must give 60 days date for replying and send the complaint to his higher authority
Raj Kumar Makkad (Expert) 11 July 2011
Can i file complaint u/s 166 IPC as a private complainant?

Yes you can but permission is must.


Can legal notice to head of deptt is necessary?

Not legal notice but permsiion is required as it is not a civil suit but if you file civil suit then notice is must.

Can permission is necessary u/s 197 Cr.P.C?

Yes.

Can i file civil suit under Specific relief act against the deptt and the dealing clerk?

Yes subject to legal notice and reply of department.


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