Filing of a criminal case
Md Abdul Kadher
(Querist) 19 June 2012
This query is : Resolved
An individual wants to file a criminal case in a lower Judicial Magistrate court against a INDANE dealer for criminal and economical offence including the Senior Area Manager of Indian Oil Corporation. The Area Manager is working in a central govt. undertaking and he is not a direct govt. employee. Whether the Area Manager can be included in the petition to be filed in lower JM court or the case should be filed before the Chief Judicial Magistrate court for such a criminal/economical offence?
Advocate Rajkumarlaxman
(Expert) 19 June 2012
what is the offence and charge agains the Manager whom you are dragging. you can include him in lower court proceedings also but factual matrix has to be studied. please specify the offence committed and his relation to that offence/criminal act
Shonee Kapoor
(Expert) 19 June 2012
It all depends on the nature of the crime.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 19 June 2012
Any person can be arrayed as accused person in a criminal case.
If he is a govt en0lyee then however sanction of the appointing authority is required.
Sudhir Kumar, Advocate
(Expert) 19 June 2012
For intiating criminal action againt public servant for the offences committed in public capacity you need a sanction under sectin 197 Cr PC from the authority competent to dismiss him from services.
If the offences do involve Prevention of Corruption Act and if the amount is of substantial nature CBI may take it othrwise state vigilanc bureau can still take it.
Sudhir Kumar, Advocate
(Expert) 31 August 2013
repeated at http://www.lawyersclubindia.com/experts/Action-dropped-by-police-419381.asp
