Two contradictory view of same court
Arvind Singh Chauhan
(Querist) 31 January 2012
This query is : Resolved
Whether same court can adopt two contradictory view on the same issue on different matters-
In one court says- employee who are employed on contract basis are not public servant and is not able to get the benefit of sanction required by 197 Cr.P.C. and convicts them.
In another one, court on the FIR of employee who are employed on contract basis, framing charge of 332, 353 on the accused.
Please refer citation if any in favour of accused in second case.
Raj Kumar Makkad
(Expert) 31 January 2012
The judgments are not contrary anyway. So far as first instance is concerned that is related to the service benefits of such employee but this matter of service go not provide a license to an accused to assault such employee hence a protection has been given to those employees under section 332/353 IPC.
Shonee Kapoor
(Expert) 31 January 2012
Rightly stated by Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arvind Singh Chauhan
(Querist) 31 January 2012
I am sorry Sir. But in first case court doesn't deem them public servant and in second case deems public servant ? I have to mention here that both are different cases and not cross cases and parties are also different.
Raj Kumar Makkad
(Expert) 31 January 2012
You should try to understand the service law and criminal law of land separately and do not intermingle both at the same time.
