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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A person, who can identify the signature of the complainant and know the facts of the case can appear in the place of retired bank official.  These things happen in the case of giving evidence on postmortem reports that the doctor who signed the post mortem report would not be available at the time of trial of the case.

 
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Advocate

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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