False case under SC/ST atrocity Act

Dear,

              Please mention the sections in which the fir has been lodged against you . Very firstly it can not be a case of sc/st atrocity act because as per the points given by you , no one abused him or insulted him by the caste related words or intention . As far as you are concern,go to the high court for quashing the FIR as you have the clear evidence that no case is made out against you as on the date of complaint you were no where in the existence .

Sir,

The complaint was filed through an advocate and through SDJM u/S 426/447/109/34,  and 3(iv)(v) sc & st (PA) act. which was changed to section nos. 426/34 and sc/st (PA) act 3(1)(v) by DSP whowas investigating officer. Sir, The occurance of offence was mentioned as 08.05.08 and still continuing and FIR was lodged  to the court 18.11.2009. I was not in the compamny on occurance of offence as I joined on 12.08.08 as President. Moreover being new to the company how can I know about the offence and its continuity? I came to know only when DSP came for enquiry in April,2010. Immediatly I took action to see that what ever water was going to the side of his field is stopped. During Mansoon no body can prevent water frlow to his field as it is on very low level than the plant.  Interesting thing is that DSP has not recorded my statement and not mentioned in his report. In the report he took statement of compalinant and witnesses that rainy water with muck goes to his field. He has also mentioned that due tio his poor financial position he is not able to do cultivation and so given to Ms Kumudni for watch and ward of the fields. No mutation of saledeed has been done. Sale deed is in the name of 6 persons so how can he say that the field khasta under water belongs to him. In fact he lodged the complaint when Govet aquisition for our plant was stopped due to high price and we declared that as market position is not good we will not peuchase the extra land for expanssion.

Kindly advise as I have already resigned this company and got a better resposility job.

Regards

Sir, Further I want to add that in statement the compalainant, witnesses and Ms Kumudni ever stated that they have been prevented from doing cultivation or theyhave been called by name. The DSP took the rainy water entering in his field as an act of atrocity, for which the complainant could have gone through Pollution control,board. In the compalint letter also he has alliged that some people were cutting earth from his land ( which he has not said in DSP report) and presumed that it could have been instructed by President and Managing Director. Regards

Dear Mr. Rakesh,

though i am not an expert on Criminal/ Civil law yet on the basis of Companies Act I can suggest you that where the person is acting on behalf of a Company (Director /Key mangment Perssonnel / Principal officer of a company) the case or suit are filed inthe name of a designation and not specific to the individual. Because in the company it is not the decision of an Individual but it is collective decision of a Board of Deirectors which is executed by a Director (say MD/ Key Manager). Hence FIR or case can be lodged for MD and you as an individual.

Secondly, you have been only insvestigated so far and police has not filed chargesheet. Before that Police will give you oppotunity to to take corrective action or Opportunity of being heard (Principle of natural justice). You can buy some time to invstigate from your end as the decision was not taken by you. since you are ready to cooperate the policy/ investigating authority mus tgive time you. the Bottom line is "You can not be punished for something done by others, that too when you have proof and ready to cooperate".

Vikash Dwivedi

Dear Mr Dwivedi Ji

I wirh tyo inform you that DSP has submitted his charge sheet and I attended the court and had been given charge sheet. The case will be in sessions judge court. The investigating officer, though aqssured me by did not take my statement and has not recorded it in his report to the courts. Can his report and charge sheet be got nullified on the basis that the investigating officer has not taken accused's statement and did not recorded it in his report cum chargesheet?

Regards

R K Agarwal

Have you been arrested and are on bail at present?

How can simply a criminal case  be directly dealt with Session Court which has not been committed by the lower court/CJM/JM?If it is an FIR,then it is an cognigible offence and police can investigate without the consent of Judicial Magistrate/Court  and  not necessary to record the statement of accused as mentioned because you will be given opportunity to answer the charges before the court.

Actually you are confused and do not remember the chronogical order of the case.Please be calm and consult some good lawyer or your company's lawyer and act judiciously.

Regards

No appointment letter was issued to me so far.   ---   what does it mean? then how you working there?

In the cvomplaint letter name of President was written as "P.K.Agrawal", whcih was latered as R K Agarwal by the DSP   ---   is there any other p k agrwal or r k agrwal?

Dear Mr.Dhusia,

                                In most of the states,there are special courts for SC/ST act . These courts have the special powers and are equivelent to district and session court in powers . So there is no need of the commital of the case as the remand directly comes to these special courts . Not only for SC/ST act ,but for other acts too like E.C.act, N.D.P.S act and lots more,the remand directly comes to these special powered courts .So the cases of these acts need not to be commited from lower court . 

Thanks Mr.Prashant but the querist himself is confused and he is not forthcoming for the correct sequence.Moreover he being the president of organisation which must be having its own lawyers or legal consultant and how come an environmental case comes to sessions and neither he is aware as to whether has he been arrested and arrest I mean not in the lockup or jail, just having been said so, by the police would be sufficient, he is unaware of as to whether has he been granted bail from the court or like simple formalities while being framed in any criminal offence.And I dont think any DSP can be Investigating Officer of any crime, no matter be it SC/ST act as such.

That gentleman, who is a responsible person of an organisation but behaving like novice and left all the members deliberating on a non issue which he himself is not interested or may be realised his mistake.he claims himself to be victim but reluctant to answer some preliminary questions raised by me.

Thanks Mr.Prashant once more for updating me.

Regards.

Sir,

one of my subordinates has lodged a false complaint against me for uttering the words 'chura, chamar' to him in the presence of some witnesses who too are fake/false and creation of his mind to harass me for some ulterior motive.

could you please guid me in this matter as my department has started a departmantal inquiry against me on the basis of false complaint.

Rakesh

rmgupta6354@gmail.com