Legal Notice

Querist : Anonymous (Querist) 02 November 2010 This query is : Resolved
Dear Sir/Madam

Sir, my name is J. Srinivas, i recently completed my LLB graduation now i am practicing as a junior Advocate in Hyderabad. Sir, i have doubt regarding I.P.C. 1860 sec 351 assault. Sir, one of my friend's father who works in railways he is the office superindent and he look after all the accounts in his particular section. On 23/09/2010, he was doing his routine work, at that time, he found some diesel money was misued by the driver. That driver is also an central government employee and he called him asked about the misused money at that time driver was assaulted with OS. He went to superior officer to give complaint, but nobody is ready to take complaint against him coz he is the mazdoor union leader. So, my client has requested me to send a legal notice to his superior officer against the driver so that they can take action against him. He is not ready to file a FIR against him due to security problems. Sir, please guide me how to proceed further to take action against him. My client want him to get punished with no effect with his job. If u have any template regarding his assault please forward me.

With Warm Regards
J. Srinivas M.s.c LLB (LLM)

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Devajyoti Barman (Expert) 02 November 2010
If that mazdoor has assaulted your friend's fsther then there is no necessity to go to his superior for any action.
Ask him to go to a public hospital and get the treatment immediately. He should name the person who assaulted him at the OPD where he would go for treatment. Thereafter he should immediately go the nearest police station of the place of occurrence and lodge a complaint.
If after some time the police refuses to take any action the he could move the concerned Magistrate u/s 156(3)crpc for directing the police for making necessary investiation.