Civil Procedure Code (CPC)

Fir signed by md of a company without designation

This query is : Resolved 

Online (Querist)
21 April 2021

The Respected senior experts,

In the year 2018 our Company lodged a criminal case(Theft, Misappropriation of Property) against an employee say Mr.'Y'.

But in FIR the then MD say Mr 'X', signed without mentioning his designation as MD of say 'ABC Ltd'.
In the year 2019 Mr X MD retired from the Company and MR.'Z' had taken his position.

But Police authority told us as in FIR Mr.X signed without his designation it become a case between Mr.X Vs Mr.Y. instead of ABC Ltd Vs Mr Y(the employee against whom theft charge was made).

As this is not the actual situation, is there any way so the company can rectify this inadvertent mistake?
Abhijit Majumder

SHIRISH PAWAR, 7738990900Online (Expert)
21 April 2021


Even if your md has signed with his designation facts of the case and charges on the accused would not have changed. As per my opinion, it will not matter. Information about the theft is material.

abhijit majumderOnline (Querist)
21 April 2021

Thanks to Sri Shirish Pawar for immediate reply

ashok kumar singhOnline (Expert)
21 April 2021

there is no such requirement so far. no need of rectification ever accrued in views of proposition of laws. about the rest I am in agreement with views expressed by earlier experts.

Dr J C VashistaOnline (Expert)
22 April 2021

It is not that who has lodged FIR but what was theft and misappropriation of funds reported which was not in individual capacity of X but in the capacity of X as MD of the company.
Police version is absolutely wrong and untenable.

Pradipta Nath (Expert)
22 April 2021

Police is not the Advocate/Judge. Ask them to provide this stand in written/in open Court via their PP. How come the case becomes an individual capacity when the fraud has been done against the Company!

abhijit majumderOnline (Querist)
22 April 2021

Thanks to all the learned senior experts for their valuable reply.

Sudhir KumarOnline (Expert)
22 April 2021

in either case the person who signed the FIR would come as witness and witness only.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now



Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x