Case against society
Querist :
Anonymous
(Querist) 05 September 2023
This query is : Resolved
Close to 100 members came together to form a welfare society way back in year 2018.
Recently we discovered financial fraud after auditing.
We a group of 50 members have now filed case(FIR) against society management committee members for financial fraud and misappropriation of funds. Case has been filed against 5 management members(President, VP etc.) and one coordinator. Case is under investigation right now. Couple of related queries
-Out of 50 members who filed complaint, only 1 member is shown as complainant in FIR. Content of complaint names rest of us as co-complainant. What is the status of us rest 49 members? Are we complainants? If main complainant withdraws charge, what would be our status?
-Coordinator is not holding any official position but used to communicate info between management committee members and rest of us. Some of us insisted, that since his behavior was doubtful to include his name. If his name is not included in final chargesheet, can he take any action against us in form of IPC 211,IPC 500 etc?
Please suggest. As per IO, he is currently investigating the case and may request judicial custody of some members depending on his findings.
T. Kalaiselvan, Advocate
(Expert) 06 September 2023
Since you have given a complaint collectively and the police have taken action on the basis of complaint as per procedures of law, there is no necessity for you to interfere in the investigation process/aspects.
The police have not ignored the other complainants in this regard, hence there is no reason for your concern in that aspect.
If the police, after investigation finds that the coordinator had no role to play in this, then they may omit him from the charge sheet, but that is not the end, you can file a petition before the trial court for further investigation under section 173(8) cr.p.c. and section 319 cr.p.c. to include the left out person also as one of the accused.
P. Venu
(Expert) 04 October 2023
Has the Police completed the investigation and filed the Final Report?
If so, has the Court issued summons to the accused to charge trial? These aspects could be ascertained from e-Court based on the FIR No.
