A public servant filed a protest petition with less  info before JM on record A public servant filed a protest petition with less info before JM on record

3 years ago

Sir A public servant filed a protest petition before JM. He provides less information of crime done by some accused before police with the intention of doing favour to the accused by way of less gravity of crime with mala fide intention n to safeguard the accused. Crime related to forgery invoices n misappropriated public fund Rs. 47 lacs. in a govt office . These are all on record on hand. Department had taken action on him. But initiated Criminal action on him. Can I file WP in HC totake criminal action against him. Kindly note the IPC sections.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Yes, you can file a writ petition.
False claims can be punished under S.209 IPC. He is also guilty of fraud under S.420 IPC. Forgery is punishable under S.464 IPC.
The High Court has inherent powers to prevent abuse of Court process, they can give you relief under S.482 CrPC.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
Yes, you can file a writ petition. He can be punished for fraud and making false statements under Sections 420 and 209 IPC.
The High Court has inherent powers to prevent the abuse of Court process under S.482 CrPC.
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