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GOPAL MOHAN MISHRA (RETIRED BANK MANAGER)     25 March 2010

KINDLY SUGGEST ME

D/Sir,

Is it compulsory for a Retired Bank Manager, to appear as a witness in court, in a criminal case filed  by him in his official capacity 11 years back( with the written permission of the Senior Bank Officers) for a non-compoundable offence?Though, he did lodge the F.I.R., but that was part of his official duty & he had nothing personal against the accused.Does Indian law treats an official F.I.R. as personal one & compels the complainant to witness the case?Or should the present Branch Manager of the concerned Bank Branch,  appear as witness of the Bank?Kindly suggest me accordingly.

 

GOPAL MOHAN MISHRA



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 2 Replies

Devajyoti Barman (Advocate)     25 March 2010

There is no concept of personal or official capacity in criminal jurisprudence. If a person initiates a case he is bound to depose either to conform with the statements mentioned in the Fif or to differ with it. Without the deposition of the de facto complainant , the case can not proceed.


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