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Sandeep Sharma (Pvt Job)     08 September 2017

Help regarding 482

I need you expert advice here. An employee of my company was cough in picking goods from factory and selling outside. When came in knowledge, employee didn't turn to join office next day as the manager asked him for the delivery challan. We waited him for 1-2 days and then reported to police station for the stealing goods from factory and selling outside. As it came to notice that the same thing was done 2-3 times in that month. 3-4 days later his missing report was filled by his family member and our statements were recorded. After few days, his body was found with poison. His family member lodged FIR under 302, 210 & 20B against me and one other colleague that he was murdered by us. After a month the missing FIR was investigated and closed after investigation and verifying the goods sold to some person and their statements were also recorded by IO and missing case closed due to dead body found. Hi was found accused of offence IPC406 It’s been almost 5-6 month so company's lawyer have submitted petition to high court under IPC 482 because the FIR is totally baseless and only to clean the face from FIR lodged by the company. Need your help here what could be done. We have never faced police and court by god grace so we are afraid. Do police have right to arrest somebody for investigation or under any other reason? what is the process after filing petition. Thanks a lot for giving your time and help.

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 6 Replies

Siddharth Srivastava (Advocate)     08 September 2017

since nothing wrong was found against you hence IO must have filed closure report. There was no necessity to approach high court u/s. 482 cr. Pc as high court shall reap precise the facts and evidence etc. Details are required to be examined. Sidharth 9811776422
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Siddharth Srivastava (Advocate)     08 September 2017

There were some typographical mistake:- since nothing wrong was found against you hence IO must have filed closure report. There was no necessity to approach high court u/s. 482 cr. Pc as high court shall reappreciate the facts and evidence etc. and thereafter shall dispose the matter. Any adverse comment by high court would adversely affect you and your case. Details are required to be examined. Sidharth 9811776422
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Sandeep Sharma (Pvt Job)     08 September 2017

Than you so much Sidharth sir for quick reply.

The FIR is yet open even after 6-7 month even after such serious allagations and we doubt that any chargesheet is filed yet.

His famility member asked for 30 lacs from company to settle this which company is not agree becasue no any staff is guilty and it seems he commited sucide in guilty. and same was investigate by police against our FIR under IPC 406

Now its coming to mind that can police convert this case against to us under IPC 306?

Sandeep Sharma (Pvt Job)     08 September 2017

Can police convert the FIR lodged under IPC 302 to IPC 306?

R Trivedi (advocate.dma@gmail.com)     10 September 2017

1. What is the police report for FIR under 302 IPC? 2. And why did you move to HC under Section.482 CrPC? Are you anticipating any problem due to investigation by police? 3. Has the police declared the death as suicide? 4. What is the post mortem report says?

Sandeep Sharma (Pvt Job)     10 September 2017

Thanks sir for your reply. The chargesheet not filed yet under FIR 302 even after 6-7 month of fir. We have never faced police and court hence are affraid that like the victims family have made us accused. They may make some political or finencial pressure on local police to take any action against us to take revenge of his death. Like arrest etc. And if arrest is performed that will take months to investigate and other things and our career will be ruined due to arrest. That's why we moved to 482 as per our management advice. We are not sure about death as sucide. But 1-2 people told us they may try to declare Also we are yet not confirmed that sucide note is found or not. We have not received and saw the PMR yet. How can we get a copy of that. If we try to get it is there any chance that if we are not guilty why we are collecting such informations. Plz help.

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