Section 354 crpc
DR M K MISHRA
(Querist) 04 October 2016
This query is : Resolved
6 years ago a complainant / clerical staff (widow lady) aged 50 years alleged the Deponent heart patient aged 63 years with the allegations of outraging modesty. Deponent was the head of office. Earlier to said allegations deponent issued SCN to complaint for not following code of conduct and not obeying official orders as per rule. When deponent observed this ,he wrote letter to Govt. to transfer her from the place then govt. issued the order for same .Then the complainant alleged deponent with above allegation .She filed 3 complaints to three police stations and one to the deptt .The enquiries were made and nothing was found so the police submitted closure reports to S.P and deptt. also closed the enquiry as it was on false allegations .After that the lady filed 6 petitions as WP & WA for stay of transfer and registration of F.I.R against the Deponent.The same were also dismissed by High Court .But in one of W.A. the HC has ordered as following on 11.07.2014 :
“ The learned Single Judge found that material fact that the petitioner’s complaint was duly inquired into not only by Mahila Police Station, Jabalpur, but also by Gorakhpur Police Station and was found to be false and baseless, was not disclosed in the writ petition. That, by itself, disentitled the appellant from pursuing any relief such as for direction against respondent no.2 to register FIR.
There can be no difficulty in agreeing with the said view of the learned Single Judge. Further, considering the fact that the complaint of the appellant has already been inquired into by the Police officials and found to be false, there is no question of issuing direction to respondent no.2 to register FIR at this stage.
The appellant is free to pursue other appropriate remedy including by way of private criminal complaint, if so advised. We are not expressing any opinion on the correctness of those proceedings or allegations made by the appellant in the memo of writ petition against the private respondents. Appeal is dismissed."
Now in Jan2015 the complaint has filed a complaint in District Court about the allegation of 2010 and the magistrate has taken cognizance and issued a bailable warrant so tell me what should I do now. The court hearing is on 7th Oct.2016
Siddharth Dev
(Expert) 05 October 2016
You should appear before Court along with your Advocate and I think you should not worry because BW has been issued because you didn't complied summons issued by that Court
DR M K MISHRA
(Querist) 05 October 2016
Mr. Dev,
Sir, thanks for your advice., but I like to inform you that the court summons were not issued earlier.The court issued first time BW without any information or simple summon to me.
With regards
Siddharth Dev
(Expert) 06 October 2016
Mr. Mishra
Give proper explanation to court that will be sufficient, remember don't forget to communicate with your advocate.
well thanks for reply.
Regards
Rajendra K Goyal
(Expert) 06 October 2016
You should appear in the court with your lawyer. Nothing seem serious. Procedure has to be followed.
DR M K MISHRA
(Querist) 06 October 2016
Mr.Dev and Mr.Goyal,
Sir,
Namaskar, I am thankful to you for your advice.
With regards.
cherukuri prasad
(Expert) 07 October 2016
Nothing to worry. It is a very weak case. Sanction of Govt is necessary to move criminal court under section 197 crpc. The grievance is also hit by limitation. The proceedings can be quashed under 482 crpc high court for immediate relief as there is huge procedural delay in filing the complaint. The High Court made a general observation regarding private complaint. The Court below misunderstood it.
DR M K MISHRA
(Querist) 07 October 2016
Mr.C.Prasad,
Sir, Namaskar
I thank you for your comment.
With Regards.
