Section 354
DR M K MISHRA
(Querist) 04 November 2016
This query is : Resolved
Whether in a complaint petition in Judicial Magistrate court, a falsely implicated accused person can file any petition such as protest petition ,revision petition or any in the same very court or else where other than High Court u/s 482 for quashing the court proceeding ?
Guest
(Expert) 04 November 2016
In the absence of case history, your query is of academic nature. For academic queries Shri Kumar Doab seems to be the right person to solve your problem by sharing his knowledge. You may request him.
Sankaranarayanan
(Expert) 04 November 2016
Yes i do stand with sri Dhingra ji, it is academic query.
Kappil Cchandna
(Expert) 04 November 2016
Sir,
482 against the FIR.
Warm Regards
Kapil Chandna Advocate
9899011450
DR M K MISHRA
(Querist) 04 November 2016
Thanks for your prompt reply Sir's,
I would like to inform specially Mr. Dhingra Sir that you may recall a case in which you also gave your views earlier in 2011.
The case is that, a woman clerical staff, aged 50 years ,in the office was doing insubordination show she was recommended for transfer by me to higher officials of state Govt. The Govt. as a result transferred her to other place. Then she complained to police and departmental authorities alleging me with dirty sexual intimidation. Three police stations , department and collector in this way 05 inquiries were conducted and the allegations were found false.After that she filed writ petition in High Court for registering F.I.R.,then same was dismissed with cost .Again she filed Writ Appeal in 2011 it self .Hon'ble H.C. disposed of the appeal on 11.07.2014 with liberty to appellant that she / the appellant is free to pursue other appropriate remedy including by way of private criminal complaint, if so advised.
Now the lady has filed complaint petition before Judicial Magistrate in Jan.2015 and the said authority has taken cognizance and issued a bailable warrant The court granted the bail.I am a person of old age facing lot of humiliation being a man and honest senior officer. So please suggest me the remedy in spite of filing petition in Hon'ble H.C. u/s 482 because that will be last remedy for me.
Guest
(Expert) 04 November 2016
Dr. Mishra,
Thanks for details of the case. In fact transfer of the lady on your recommendation became the real cause for your problems one after the other. Please don't take it as my sermons, although that stage cannot be reversed when you recommended transfer of the official, but if not in power of an officer to tame an errant employee, recommendation for transfer usually proves harmful instead of a remedy, as the action gets rebounced when the official get information from several other sources. Nothing remains secret or confidential in official life. The officer should be capable in himself to tame the undisciplined employees, otherwise should not try to disturb the existing arrangement.
So far as your case is concerned, in the present stage, your case seems to have worsened much probably making you fully tired of the unwanted situations. The lady seems to have girded up her lions to teach you lessons by all means.
In any case there are always to options, legal and non-legal. If you are fully determined to face her by all means, your initiative under section 482 can be the best way. Otherwise, you can adopt a non-legal method of compromise with the lady to get rid of the problems for future.
I have suggested both ways. But, please opt for any course of action only after giving proper thought, on whatever you prefer to chose, by weighing pros & cons on any of that method.
Devajyoti Barman
(Expert) 05 November 2016
Well, since case is already initiated you have no option but to face trial unless the de facto complainant agrees to withdraw her complaint.
You can go for quashing but considering the contents of allegations the positive outcome in quashing is very bleak.
Rajendra K Goyal
(Expert) 05 November 2016
Agree with the expert Devajyoti Barman.
