false criminal case

abdulrahaman (Querist) 07 January 2010 This query is : Resolved
Dear sir ,
kindly clarify by givingcase law.
1) If a complainant by keeping his own employee as main Accused filed a criminal case aganst other employee and third parties for the breach of trust and non execution of contract ,cheating,etc to the extent of 2 crores .The main accused was working with the employer even after filing criminal case until the other persons were arrested.
How far this case is valid in the eyes of law?

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Devajyoti Barman (Expert) 08 January 2010
There is nothing illegal in making the employees as witness.

Guest (Expert) 08 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE NO.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE CASE AGAINST THE EMPLOYEES KINDLY NOTE THAT

1.NOW A DAYS DUE TO RECESSION MOST OF THE EMPLOYERS ARE FACING FINANCIAL PROBLEMS.HENCE TO AVOID MAKING PAYMENT OF SALARIES AND OTHER LEGAL DUES TO EMPLOYEES ,THE EMPLOYERS MAY USE SUCH TACTICS TO FILE SUCH FALSE CASES AGAINST INNOCENT EMPLOYEES TO ESCAPE AND DELAY MAKING PAYMENT OF ARREARS OF SALARIES AND GRATUITY AND OTHER DUES TO THE EMPLOYEES.
2.IN GIVEN CIRCUMSTANCES THE EMPLOYEES SHOULD APPLY FOR ANTICIPATORY BAIL AT DISTRICT AND SESSIONS COURT AS THEY HAVE NOT CONNECTION WITH THE CRIME AND MAIN ACCUSED WAS WORKING WITH THE CO.EVEN AFTER FILING THE F.I.R.ANTICIPATORY BAIL WILL PREVENT UNNECESSARY HARASSMENT OF EMPLOYEES FROM ARREST BY POLICE AND SAVE THEIR MENTAL AND FINANCIAL TORTURE PLEASE NOTE.
3.IN ADDITION TO THIS EMPLOYEES MAY FILE AN APPLICATION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE TO THE HIGH COURT FOR QUASHING THE F.I.R.AGAINST EMPLOYEES AS THEY HAVE NO CONNECTION WITH THE CRIME.
4.ONCE THEY GET THE ANTICIPATORY BAIL AND F.I.R.IS QUASHES AGAINST THE EMPLOYEE,THEN THE EMPLOYEES MAY FILE A CASE UNDER SEC.500 OF INDIAN PENAL CODE FOR DEFAMATION AGAINST EMPLOYER BOTH IN CRIMINAL COURTS AND ALSO IN CIVIL COURTS.SO THAT IT WILL BE AN EXAMPLE AND PREVENTIVE MEASURE AGAINST SUCH CRIMINAL MINDED EMPLOYERS WHO ARE UNNECERILY HARASSING POOR EMPLOYEES AND THEIR FAMILIES..PLEASE NOTE

IN CASE ANY ONE WANTS ANY FURTHER INFORMATION OR HELP ,KINDLY WRITE AND SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

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