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writ and scope of criminal suit

Querist : Anonymous (Querist) 24 July 2010 This query is : Resolved 
Respected sirs,
A public officer while passing order and validating a report of his subordinate, acted maliciously, when the person refused to entertain him. The manner and method as well as circumstances itself proves the intention. I have the documentary proofs. Rest cross examination of public servants will do. Their report contradicts earlier report on the same matter submitted by same public servants 10 months earlier. Also they have manipulated the record and have mentioned wrong dates of the event, at one date that officer even had not joined the office. Here do I need or is it mandatory to enlist the name of witnesses in the complaint itself? I fear they may influence the witnesses, by taking advantages of his official position; also no one is ready to depose against the officer.
Can both the writ and criminal case be filed concurrently or maintainable? I have filed the regular appeal in higher authority, since HC is very far from here. But I will try to file writ if allowed.
Plz suggest.
Thank u all with regds.
Chanchal Nag Chowdhury (Expert) 24 July 2010
U have to seek leave of the appointing authority of the concerned officer first for prosecuting before U can even file a complaint in court. If the authority refuses to prosecute or grant leave to prosecute, U may file a writ petition before HC.
s.subramanian (Expert) 24 July 2010
i endorse the view of chowdhry
pawan sharma (Expert) 30 July 2010
I do agree with Mr. chowdhury.


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