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Anandakumara MB (Lawyer)     19 October 2010

Action against the police officer

The police recruited the person concealed the criminal records. Now police are stating that " the case was closed on 2003, so nquery of the same not possible. The person involved in criminal case and not secured to even by NBW but joined the police department. What action police can take?? also if they are not taking the action whaht further action as per law to remove the person in service ???



 12 Replies

Uma parameswaran (lawyer)     19 October 2010

You can give complaint to Higher Authorities.Otherwise private complaint can file in Court.

Anandakumara MB (Lawyer)     19 October 2010

Higher authourities given the statement  after giving the complaint. what case will file in the high courplease suggest 

prof s c pratihar (medical practitioner &legal studies)     19 October 2010

recruitment rules general;;;;;application form contains a n item are you been convictedby any court of law? he is supposed to answer that.any concealement calls for dismissal .you can get all such records by rti act. next step write to dg of police/secretary home dept. wait for reply.if not satisfied move sat/cat as the case may be. if no result then only appeal/scrutiny before HIGH COURT. donot stop you will get desired results if you can substanciate the truth.

nilesh j rathi (self)     20 October 2010

file a writ u/s 226 in the high court alleging ur contention and asking relief from the high court so as to direct the department tho inquire into ur allegation and take steps accordingly 

Anandakumara MB (Lawyer)     20 October 2010

The police currently working as " constable" before joining the dept involved in the crim IPC307 u/s 34 in 2001as A5. The JMFC issued the NBW but not secured to court  without proper reason the A5 in Given up in order sheet in the bench writing but no recall of NBW. The A5 not sent for trial to the session court, then A1-4 are guilty in the offence. The A5 not secured to court by NBW but applied the FIR copy application to court through the advocate. NOw he is working as constable in police department.


(Guest)

Police ki Dosti aur Dushmani dono hee khatranak hotin hein.

Govardhanan (Advocate)     05 November 2010

dear anandakumara,

                       you can't be successful in a writ petition under Article 226 because you don't have any locus standi. On the other hand if u want to file it as public interest litigation, again, there is a hurdle. Supreme court has very recently held that there can be no public interest litigation in SERVICE matters. So, try to take Right to Information Act as a weapon.

Anandakumara MB (Lawyer)     08 November 2010

Thank u for your suggestion,

The police constable was involved in the civil matter with the persons.

THrough that matter we can file WP u/s 226. Hopefullly we can success through this way


(Guest)

i agree with this

Saurabh..V (Law Consultant)     02 December 2010

@Anandkumara

 

As I see this case, any petition bypasing the lower courts would only offend the High Court. You should first file a petition under personal complaint to the Magistrate. Then let him take cognizance. If you do not get a favorable or satisfactory outcome, you may proceed to High Court showing inaction by lower court. However I'm confident tht yours is a made out case to be disposed of in your favor. Alll the best!

 

//peace

/Saurabh

Anandakumara MB (Lawyer)     15 December 2010

The police constable is the legal heir of the civil matter respondent.

We filed a complaint in the local police station against him, so that we can proceed to take the police complaint to court as private complaint ( PCR).

Anandakumara MB (Lawyer)     22 December 2010

The police constable is the legal heir of the civil matter respondent.

We filed a complaint in the local police station against him, so that we can proceed to take the police complaint to court as private complaint ( PCR).


The approach of the above iDEA is it worth???


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