Fir with a patwari under "pahadi law" if any
Pooja Jatinder Singh
(Querist) 16 September 2016
This query is : Resolved
Sir
We have an employee who has absconded with money of our company that has a unit in Nainital about a month back.
Now our local admin person had gone ahead and registered a FIR against this said employee with a Patwari stating it is possible to register a FIR against a person with a patwari under Pahadi Law.
My question is:
a)Is there any thing like Pahadi law
b)If so can a FIR be registered under Pahadi law with a Patwari.
c)Can a patwari issue an arrest warrant or begin investigations for such a FIR on his own or direct it to the state police.
Also this employee who committed a fraud is a resident of Delhi and is living with his parents in Delhi.
Now can the company file a fresh FIR against this person in a Delhi police station since my company's registered address is of Delhi.
Please guide us.
Regards
Pooja Jatinder Singh
Asst Manager-Legal
Raj Kumar Makkad
(Expert) 16 September 2016
a), No.
b). NA in view of reply against point a.
c). Neither Patwari can arrest nor can investigate like a police officer, however, departmentally he can check his own record and can make a complaint to the police authorities.
The FIR can be lodged anywhere but the same shall stand transferred to the place wherein the alleged crime has taken place. If the theft was made in Nainital, FIR shall be enquired by the police of that area.
Guest
(Expert) 16 September 2016
Ms. Pooja,
When your company is situated at Delhi, the employee is residing at Delhi, from where the reference of patwari and pahadi law cropped up?
Kumar Doab
(Expert) 16 September 2016
The police complaint may be lodged at Nainital also and all addresses of accused may be mentioned.
Kumar Doab
(Expert) 16 September 2016
Repeated at:
http://www.lawyersclubindia.com/forum/Fir-with-a-patwari-under-quot-pahadi-law-quot-if-any-142201.asp
R.K Nanda
(Expert) 16 September 2016
Repeated query.
Pooja Jatinder Singh
(Querist) 16 September 2016
Respected Dhingra sir
The employee is a resident of Delhi recruited at Delhi as mentioned in his apt letter then transferred as per his employment terms to a business unit of the same company to Nainital location. Hope that clears any confusion and based on the following facts seek your valuable opinion.
Pooja Jatinder Singh
(Querist) 16 September 2016
My earnest apology for repeated posting as I was of the impression that both posting would be in different section.My sole purpose was to humbly acquire valuable insight of our esteemed experts.
Once again my apology to be condoned by our esteemed experts as a one of occurrence.
Raj Kumar Makkad
(Expert) 16 September 2016
It is not good to repeat. We always advise to confine to the original thread so that the subsequent postings/clarifications may be made there.
Guest
(Expert) 17 September 2016
Ms. Pooja,
Even if you want to lodge a report against your employee's criminal act, a patwari of a very petty status in revenue department does not fall in the heirarchy of law & order enforcement agencies. You have to lodge a report in the police station, under whose jurisdiction the offence was committed.
It would be the headache of the police under which law the employee is booked for his offence.
Pooja Jatinder Singh
(Querist) 17 September 2016
Thank you respected experts.However my clarification is that the employee was a resident of Delhi and as per his appointment letter hired in Delhi and then transferred to Nainital.After committing the alleged crime in Nainital absconded from Nainital , now staying with his parents in New Delhi.Hence considering his permanent work location being Delhi mentioned on his apt letter can we the company initiate legal proceedings against him as the Nainital cops are not cooperating. As per your valuable skills and experience what would be the most practical course of action.
Shashikant V. Patil
(Expert) 17 September 2016
In some of the states, in the villages, some person are appointed to keep law and order of the village and check vigilance by State Govt itself. In Maharashtra , in villages these powers are vested with a person named Police Patil. He co-op with the Police Dept and report to nearest Police station about any untoward incidents. May be such type of powers might vested with Patwari of Gadwal area known as Pahadi area and might be called Pahadi law in local parlance. If the patwari of the said area registered FIR then it is legal and accordingly the said Patwari should tie-up with the Local Police Dept. and further Local Police of Nainital informed to Delhi Police accordingly and arrest the abscond employee.
Pooja Jatinder Singh
(Querist) 17 September 2016
Respected Patil sir
Thank you for the valuable information.
Hence based on your views it can be inferred that our local admin person in Nainital has taken the right step.
Now he has also come back giving details that:
a)The patwari has made a FIR and has asked us to make a formal request of register/transfer the same FIR to Nainital police.
b)That Nainital police is refusing or delaying the registering of such a FIR.
c)That we through our local admin person have even requested the DM of the area to kindly direct the local police to register the complain.
But all our endeavours to get a FIR registered have been unsuccessful with the culprit roaming scot free in Delhi.
At this point we do not want to antagonise the local police by using the court route to make a FIR.
Hence besides pleading and being the aggrieved party do we have any other legal options.
Guest
(Expert) 17 September 2016
Dear Shri Patil,
The instance quoted by you is merely a responsibility to someone in remote area, where police is not easily accessible but not a case of powers to have been vested to that fellow.
Powers of law enforcement agencies cannot be delegated to a non-police personnel, not being a part of law enforcement authorities.
Only the responsibilities of incidents of crime, births and deaths in a remote area can be entrusted to some resident Sarpanch, Nambardar, Patwari, etc, who sends confidential information ASAP through some reliable person or chowkidar of the village, but cannot be vested with powers to register an FIR and issue warrants of arrest, as asked by the querist.
Guest
(Expert) 17 September 2016
Ms. Pooja,
How much was the sum of money and for what purpose he was entrusted with that money with which he ansconded?
Also, whether you issued show cause notice to him or not? If issued, what was his response? If not any reason for not issuing a show cause notice to him?
Pooja Jatinder Singh
(Querist) 17 September 2016
Respected Sir
The amount is to the tune of Rs 10 lacs. It was money used for making purchases,paying vendors, salaries and towards statutory compliance.
It was during a surprise check by HO officials that this was discovered and immediately post that the employee vanished from his duties.
We visited his stated address and there is parents mentioned that they are unaware of his whereabouts and have no money to pay whatsoever.
Due to pressure from the management we missed on sending him a show cause notice or termination letter nor did we receive a resignation letter from him.
Now considering your views and that of Patil sir a FIR has been issued by the local patwari which the local police are not willing to convert to a FIR.
They are also not willing to file a new FIR.
Guest
(Expert) 17 September 2016
Dear Pooja,
Frankly speaking, I am not at all convinced with your story, when you say, "Due to pressure from the management we missed on sending him a show cause notice or termination letter nor did we receive a resignation letter from him."
If there is a management's pressure not to issue any show cause notice, in what capacity you bother to lodge a police report?
I wonder to know, if it is not an academic query, where your management is not bothered to issue any show cause notice to its employee, when the amount involved was Rs.10 Lakhs and was also aware of his where abouts.
Kumar Doab
(Expert) 17 September 2016
As per local practices the first information as per your posts has been duly supplied to police.
If management is now inclined and willing police is not registering FIR then your able counsel can guide, support and help you.
Pooja Jatinder Singh
(Querist) 18 September 2016
Respected Dhingra sir
Thank you in earnest for your support and guidance.Having said so please rest assured that this is not an academic query but an ongoing matter.
Going forward I need your guidance as my seniors are insisting on a FIR be done in Delhi against the said employee post issuance of a show cause notice and subsequent termination.
The logic being cited by my seniors is that as per his appt letter the said employee place of posting was New Delhi and he was on deputation from the Head office to our Nainital facility.
However the crime was committed in Nainital by the said employee when he was on deputation from Head office to Nainital.The said employee is also a permanent resident of Delhi and is currently living in Delhi.
Therefore is there any way that the FIR be done in the jurisdiction of Delhi police as the aggrieved company and the culprit as per the employment contract is based in Delhi.
Regards
Pooja
Guest
(Expert) 18 September 2016
Ms. Pooja,
For appropriate advice, you have the need to show your cases related documents for examination and analysis, and to provide additional information about your company's delegations to executives, cash handling system, drawing & disbursing functions, etc., as yours is not a simplistic problem. So, take proper consultation by taking personal appointment of some expert.
Otherwise, if you think it to be merely a question of lodging police report, you may approch senior police authorities of Nainital & Delhi Police.
Rajendra K Goyal
(Expert) 18 September 2016
Full case file need to be referred, discuss with your lawyer.
Rajendra K Goyal
(Expert) 18 September 2016
Full case file need to be referred, discuss with your lawyer.
Kumar Doab
(Expert) 18 September 2016
The management may entrust the matter to its able counsel.
