privillages of MLA/MP and Public servants

Prashant Deshpande (Querist) 04 January 2011 This query is : Resolved
Is it require to get permission of any authority before filing criminal complaint in court against acting MLA/MP etc.

I'm going to file a complaint against one acting MLA who is director of a milk co-operative society. Complaint is under Prevention of Food Adulteration Act. The firm doesn't have nominated any person u/s 17(2) of the Act.hence I've to prosecute every director. Is it necessary to obtain permission of Chaieman of Lagislative Assembly before lounching complaint against MLA?

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Ajay Bansal (Expert) 05 January 2011
Yes.Without the permission of The Chair Person of Assembly, that M.L.A. can not be prosecuted in this case.

Kirti Kar Tripathi (Expert) 05 January 2011
Agree with Mr. Bansal. permission of the Chair Person of Assembly mandatory.

Guest (Expert) 05 January 2011
For lodging the criminal complaint the sanction is not necessary. Moreover as a director of the company the Mp/MLA committed the offence. so the previllege will not attract for registering FIR. In order to arrest and to file charge sheet you /prosecution has to get sanction. better forward a complaint in register post and file a direction in HIghcourt to register and investigate the case. all other hurdles will go away

Guest (Expert) 05 January 2011
i do agree with Mr S.GANESAN.

Advocate Bhartesh goyal (Expert) 05 January 2011
I also agree with Mr.S.Ganesan.Permission of chair preson is required only when police has to arrest any MP/MLA

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