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Anonymous
Asked March 31, 2017

Name mentioned in suicide note

  • 1 Answer
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I am a senior clerk in govt dept . 6 month ago, my sub division 1 clerk committed suicide and wrote my name in the suicide note putting 2 blames on me. 1. Caste validity was not provided in proper time for promotion document but I had send every time his caste certificate to upper dept. who gave promotion to all govt dept employee ( his caste certificate is of 3 different types /{ fake }) 2nd blame is:- I missed his C. R . ( His yearly working report ) But C.R is not my responsibility it's kept in official coustudy under the head clerk . That is not my duty. It's totally an official issue. Now charge sheet is in Session court on 1st April 2017 is 1st hearing can I discharge this case in session court as all evidence are clear and I am not guilty anywhere. If not discharge in session can I go to High court? Section 197 CrPc Govt sanction is must? (Still not got sanction) . Please suggest me best option for section 306 IPC for govt. Work related issue . 2) Defamation case apply against complainant case is IPC section 306. 3). Police make charge sheet against me I have given all evidence but police removed these papers intentionally because police I.O was demanding 3 lakh rupees for all evidence submited but I have not given cash to him. After he did charge sheet against me all important paper were removed in charge sheet which were important for me . Can I file case against police I.O . Please help me .

Answer 1

 

 

Dear Sir/madam,

Filing a complaint against the I.O. under such circumstances are not of much help generally. However, you always have an option to make a complaint against him/her before the concerned magistrate of the area. Also, such a complaint is not advicsable because being the I.O. of the case, he can hamper the police investigation at any given point in time. The police help (if any) starts turning to a point zero and a non-cooperation of the police goes on, which brings another twist in the frivolous matter that is already against you.

Further, if you say that you have nothing to do with his suicide and have substantial evidences to prove the same then there is absolutely no point in going haywire about it. If you think that the charge sheet contains wrong averments and offences never been committed by you (done so – by the I.O. as taking revenge of not paying him that 3 lac rupees bribe) then in such a situation you can always approach the High Court to quash the said F.I.R. under Section 482 in The Code Of Criminal Procedure, 1973.

A writ is also maintainable as per Article 226 of the Constitution of India against such wrongdoings of the authorities at law – Police.

A right to appeal is always available to every person – convicted or not, to approach the higher authority of the authority that has ruled either against him/her or in his/her favour.

As far as the non-presentment of the necessary documents before the magistrate in your favour is concerned – you can very well take the permission of the court to submit the same as per your satisfaction till the next date of hearing. As the court will also not decide the case without hearing your version of the story i.e. in the absence of all the necessary documents proving the same.

At last, you need to understand one thing that not many of a precautionary measures are available under the law as against the false and frivolous complaint that are lodged in your name. The world is full of vivid people and you never know who files what complaint against you because people a citizen, whether fake or not he/she has got the right to file such a complaint.

Further, you cannot file a case for Defamation or Malicious Prosecution against the person who filed section 306 IPC in your name because unfortunately he is no more into existence. And the case of Defamation is filed – in personam.

Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

https://lawfarm.in/legal_cases/new

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