Legal Question in Criminal Law in India

Myself

I am a railway employee working near Mumbai.

Legal assistance required for

One of my colleague made a false complaint against me in the month of may �2012.

False Complaint

I am running a prostitution centre in a nearby abandoned railway building.

The person behind the false complaint ; let me call him Mr. �suspected false complainer�.

Probable initial reason behind the false allegation.

I've been transferred to a railway depot on railway administration�s interest vide railway office order Dt. 18.01.2012 and reported to the said depot on 24.01.2012 and posted in place of the �suspected false complainer�.

Why I strongly suspect that this person is the conspirator behind this false complaint ?

1. He had personal grudge against me since long back.

2. He suspected that I've got transferred by my own request to displace him from the posting.

3. There were lot of paper works kept pending by Mr. �suspected false complainer�, then our immediate boss advised him to be remain at the present depot till completion of the paper work and finally the charge handed over on 13.02.2012. During these days there were constant arguments as he was totally hesitant to hand over the charge and expected a last minute reversal of posting for which constantly spoke with his mentor who protected him over years, working in the same department as our senior with the same post and still continue as my senior.

4. While leaving the site after handing over the charge on 13.02.2012 he told me that I will "see" you. I took it casually and never expected this type of vengeful and venomous activity from him then.

5. Mr. �suspected false complainer� having past history of anonymous complaints at various levels, police cases and misbehavior with colleagues and fellow railway men.

My agony

The harassment and mental agony caused by this false allegation against the undersigned was horrible and in the month of May and June'2012 I lived like a corpse, I even thought of committing suicide many times. I belong to a decent family and completed over 28 years of stain free service in Railway.

I never ever approached a prostitute or a call girl, leave alone running a prostitution centre in Railway premises.

This false complaint not only tarnished my image, reputation and did huge character assassination.

My departmental appeal

I appealed to my disciplinary level officer to take impartial investigation and take appropriate punitive actions against the conspirator to ensure that nobody should repeat such mischievous and in human allegations in future.

Departmental action

The disciplinary level railway officer enquired about the allegation in detail and gave me a departmental level letter stated that � it is a false complaint� and I am still holding the posting.

Later the same railway authority transferred Mr. �suspected false complainer� to nearby district of railway without imposing any punitive action within a few weeks of time.

��My pride does not allow me to forgive the person who did this in human allegations�� , that is why I require your legal help to find the real culprit please.

MY LEGAL HELP REQUIREMENT

1. Can I seek RTI from railway for finding the real conspirator behind this false allegations?

2. Since the false complaint lodged in may�2012 [now 13 months elapsed] can I approach a local court through a lawyer to find the conspirator behind this false allegations?

3. Is there any IPC rule which may prohibit me to initiate a legal case which is older than a year.

Please help Sir.

Thanking you.

s/d (T. KUMAR)

[email protected]


Asked on 6/25/13, 11:21 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. yes, you may seek information under RTI.

2. & 3. Your remedies will depend after you receive relevant information under RTI.

Read more
Answered on 6/29/13, 5:46 am


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