Wanted some advice from our respected experts wrt this case-
My uncle works for a nationalised bank and about 10 years back while he was a branch manager and was posted in lucknow, he approved a loan for one of the small partnership firms. One of the partners (let's call him ABC) went absconding soon after it was discovered that most of the paperwork which he had submitted, were falsified. the other partner( let's call him XYZ), whose property was under mortgage, filed an FIR with the police station that my uncle ( in the capacity of branch manager) and 2 other officers under him have conspired and helped the absconding partner in submitting false documents and pressed for sections 420,467 and 468. The matter was enquirer and a clean chit was given to all the 3 bank employees by the Police as well as the bank.
XYZ was not happy with this again went to file an FIR, this time for all the 3 officers in individual capacity. Initially the police refused to lodge an FIR since the matter was already closed but XYZ went to the magistrate and got a go ahead for the police to put down an FIR. obviously the police had no option .Again pressing for sections 420,468,467. This time the investigating officer feels that the 3 officers are indeed guily!
If during a previous enquiry, the 3 people have been given a clean chit, then again on the same case, how can another inspector find the same 3 people guilty?
Can someone please advise on what possible course can be taken? Can my uncle file for a harassment and defamation case as well?
