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Siva Sudheer (Head finance)     07 May 2016

Employee who filed the fir has resigned

Our organization had filed a FIR few months back against an individual who had forged some documents and also had not submitted some receipts. The FIR was filed thru an Employee of the organization, who is designated as Manager. Now this employee had resigned from his services in pursuit of better career opportunities.In this scenario, what we need to do in this scenario. Should we ask the police to change the complainant from old employee who has resigned to new employee? For this purpose should we make any resolution, should we file it with the Police? nature of our organization is a society.



Learning

 15 Replies

Kumar Doab (FIN)     07 May 2016

Someone has to sign on behalf of the company.

Ask police and pass resoloution if required.

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 May 2016

The original complaint with Police was filed on behalf of the Company and the person ie. Manager had signed in his capacity of Manager of your organisation only and not in his personal capacity.

 

If that is the position, no need to change.  Normally Police will call the same person who filed the complaint for latter appearance in Court etc. 

 

Better you approach the Police Station concerned and discuss the matter with the SHO.

Sudhir Kumar, Advocate (Advocate)     08 May 2016

The evidence of the complainant will be needed and court can summon him from whereever he is.  It is he who signed the complaint at set the legal process rolling on accused.  His resignation is immaterial.

G.L.N. Prasad (Retired employee.)     08 May 2016

In all such cases, those who are having Power of attorney and empowered to do so only file complaints, and FIR is issued generally in the name of the company.  It is the Police that has to make a follow up of investigation, and may call relevant persons for witness.  The person that filed complaint must have provided certain documents and named certain employees and as to  modus operandi, and those persons or records are only material for further remedy.

Sudhir Kumar, Advocate (Advocate)     08 May 2016

only the complainant will be witness and he cannot be substituted.

Sabita   10 May 2016

What happens if the companys complainant is untraceable

Sabita   10 May 2016

What happens if the companys complainant is untraceable

Sabita   10 May 2016

What happens if the companys complainant is untraceable

Sabita   10 May 2016

What happens if the companys complainant is untraceable

Sabita   10 May 2016

What happens if the companys complainant is untraceable

Sabita   10 May 2016

What happens if the companys complainant is untraceable

Sabita   10 May 2016

What happens if the companys complainant is untraceable

Sabita   10 May 2016

What happens if the companys complainant is untraceable

Sabita   10 May 2016

What happens if the companys complainant is untraceable

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