Expert Comment required Urgently
pranay
(Querist) 20 July 2010
This query is : Resolved
Dear Sir,
We require urgent legal advice . The case of IPC 420 filed against my Father who is CIVIL Engineer in coal India (PSU). The same was filed by a contractor against grudge of not receiving favor. My father was posted in Chhatisgarh, he was then transferred to West Bengal. Police without having warrant or permission from court went to west Bengal and arrested my father. Bringing him to chhatisgarh they released taking hefty money. Father having no option gave them money and went to high court seeking anticipatory bail(earlier rejected by lower court). Later he was granted bail from the trial court also .
As suggested by some of you lawyers my father went to high court for 482 for quashing of court .Now we have two problems
1) The 482 plea got rejected by High Court stating the trial court will have to take cognizance of this matter . While a citizen has full right to avail this but how come we got such verdict ?
2) Also my father was planning to go against police against unfair way of earlier arrest drama, in lower court Durgapur, but the ADJ refused to take cognizance "Police is a public servant and need permission from H'ble Governor of Chhatisgarh". Seeking permission from Governor we still have no reply . What to do now?
My father is also a public servant then how come Police didn't took permission from Chair Man of Coal India before filing of FIR .
Can we go against heavy Corpus (don know exactly) against police .
Kindly drive our next course of action .
Regards,
Pranay
Devajyoti Barman
(Expert) 21 July 2010
Taking the leave u/s 197 Crpc is mandatory before taking cognizance of the public servant. Yours father has seemed to get a curious case.
You can send the details for better appreciation of the case.
pawan sharma
(Expert) 21 July 2010
i. u's father file legal objections before the trial court challenging the cognizence of the court without taking perior permission u/s 197 Cr.P.C. because your father is a public servant.
ii. For filing a F.I.R. which you write in your queary it is not proper action. According to my opinion your father can file a suit for malicious prosecution after accuittal in the said trial.
N.K.Assumi
(Expert) 21 July 2010
No cognizance of the offense can be taken by the court without Sanction for prosecution under section 197 CrPc. Challenging registration of FIR not proper but to face the trial from the stage of framing of charge.
