Employee’s Transfer Based On Organisation’s Policy Does Not Amount To Criminal Intimidation/ Conspiracy Under IPC: Calcutta High Court
1 year, 4 months ago

Employee’s Transfer Based On Organisation’s Policy Does Not Amount To Criminal Intimidation/ Conspiracy Under IPC: Calcutta High Court

Live Law  

The Calcutta High Court on Thursday quashed criminal proceedings initiated against the Human Resources Manager of IDBI Bank, by an employee/opposite party No 2, against whom a female co-worker had earlier filed a complaint for sexual harassment at the workplace. Counsel for the petitioner contended that the Magistrate’s order taking cognizance and issuing summons against the petitioner was bad in law and that there were no charges of criminal intimidation or conspiracy against the petitioner, who had only communicated the order of transfer to the opposite party and been made a ‘scapegoat’ in a counter-blast against the transfer and disciplinary proceedings. Petitioner finally argued that the order of cognizance was without any reasoning in the absence of any criminal intimidation or conspiracy, and that the court was dutybound to apply its judicial mind to ascertain the existence of a prima facie case before issuing summons in the matter, and not “act like a post office.” It was argued by the opposite party no 2 that the petitioner upon the instigation of accused no 1, without conducting any enquiry, passed the transfer order and that the petitioner had also taken steps to “put a stigma in the character of opposite party no 2.” It was submitted that the opposite party was suffering from physical ailments due to which the doctor had advised him to stay away from hilly areas, and that the transfer was a ‘punishment transfer’ even though no steps were taken according to the PoSH Act. The opposite party no 2 argued that he had filed an RTI query and in response to the same it was found that no disciplinary proceedings had been pending against him and that on account of his transfer no action on the pending enquiry was necessary, Opposite party argued that due to the false allegations he had suffered irreparable loss and injury and that the petitioner, bank officials, and accused no 1 had committed the offence of criminal intimidation and criminal conspiracy under Sections 506 and 120B against him by affecting his transfer, which was not merely administrative in nature. In quashing the criminal proceedings against the petitioner and holding that the Birbhum Chief Judicial Magistrate’s order issuing summons under Sections 506/120B suffered from non-application of judicial mind, as well as from want of territorial jurisdiction, the Court concluded: From a perusal of the order of Magistrate it is evident that he has not given any reason for taking cognizance of offence against present petitioner, thereby showing non-application of judicial mind.

Court Criminal Transfer Party Order Criminal Conspiracy Accused Ipc Complaint Magistrate Petitioner Opposite Summons Idbi Bank Criminal Intimidation Section 202 Opposite Party Section 506 Territorial Jurisdiction Judicial Mind  does  opposite  criminal  complaint  ipc  party  petitioner  summons  magistrate  high  intimidation  transfer  accused  policy  employees  court  organisations  order

History of this topic

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
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4 weeks, 1 day ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

Karnataka High Court Refuses To Discharge Alleged LeT Operative Booked For Conspiring To Kill Hindu Leaders, Govt Officials
5 months, 2 weeks ago

Karnataka High Court Refuses To Discharge Alleged LeT Operative Booked For Conspiring To Kill Hindu Leaders, Govt Officials

Live Law  

The Karnataka High Court has refused to discharge an alleged member of the banned terrorist organisation Lashkar-e-Taiba, who was charged for conspiring to kill Hindu leaders and government officials in 2012. A division bench of Justice Sreenivas Harish Kumar and Justice JM Khazi dismissed the petition filed by Dr. Sabeel Ahmed @ Motu Doctor, who challenged the Sessions court order, …

Calcutta High Court Quashes Case Against Man Accused Of Voyeurism, Stalking For Secretly Clicking Photos Of Woman From His Residence
5 months, 3 weeks ago

Calcutta High Court Quashes Case Against Man Accused Of Voyeurism, Stalking For Secretly Clicking Photos Of Woman From His Residence

Live Law  

The Calcutta High Court has quashed a case of voyeurism and stalking against a man booked under Section 354C and D of the Indian Penal Code. The man was arrested by the police upon the complaint of a woman who had accused him of secretly taking pictures of her from his residence. Justice Bibhas Ranjan De quashed the case initiated …

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
6 months, 1 week ago

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream

Live Law  

The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting. …

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 3 months ago

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination

Live Law  

The Calcutta High Court has refused to quash criminal proceedings against a Branch Manager of Standard Chartered bank who had been accused u/s 506 and 509 of the IPC for allegedly threatening an employee who had approached the Labour forum against illegal termination of service. Complainant submitted that the petitioner had threatened her to withdraw her case before the labour …

Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official Duty
1 year, 5 months ago

Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official Duty

Live Law  

The Calcutta High Court recently quashed the criminal proceedings for trespass and intimidation initiated against ICICI Bank's debt manager who had visited the house of a credit card holder in connection with pending dues. A single-judge bench of Justice Shampa Dutt held, “The petitioner being the Debt Manager of the bank's separate wing, with appropriate training as per RBI guidelines …

Economic offences are a modern threat to development of the country: Madras High Court
1 year, 7 months ago

Economic offences are a modern threat to development of the country: Madras High Court

The Hindu  

Observing that economic offences were a modern threat to the development of the country, the Madras High Court has refused to allow businessman ‘Aircel’ C. Sivasankaran to visit Seychelles as well as France as he was facing multiple cases that were being investigated by the Central Bureau of Investigation, Directorate of Enforcement and Serious Fraud Investigation Office for allegedly defrauding …

‘Court Proceedings Should Not Become Weapons of Harassment’: Calcutta HC Quashes 498A Case
1 year, 7 months ago

‘Court Proceedings Should Not Become Weapons of Harassment’: Calcutta HC Quashes 498A Case

News 18  

The Calcutta High Court recently quashed a woman’s criminal proceedings under Section 498A of the Indian Penal Code against her husband and his relatives, alleging that she was subjected to physical and mental torture and was driven out of the matrimonial home, on the grounds that an earlier proceeding initiated by her on the basis of nearly identical allegations against …

Court Proceeding Ought Not To Be Permitted To Degenerate Into A Weapon Of Harassment: Calcutta High Court Quashes 498A Case
1 year, 7 months ago

Court Proceeding Ought Not To Be Permitted To Degenerate Into A Weapon Of Harassment: Calcutta High Court Quashes 498A Case

Live Law  

The Calcutta High Court recently quashed the criminal proceedings under Section 498A of IPC initiated by a woman against her husband and his relatives alleging that she was subjected to physical and mental torture and was driven out from the matrimonial home, on the ground that an earlier proceeding initiated by her on the basis of almost same allegations against …

Calcutta High Court Transfers Probe Against IPS Officer In Corruption Case To CID, Orders Action Against Cops For Custodial Torture Of Co-Accused
1 year, 9 months ago

Calcutta High Court Transfers Probe Against IPS Officer In Corruption Case To CID, Orders Action Against Cops For Custodial Torture Of Co-Accused

Live Law  

While transferring probe in a corruption case against IPS Officer Somenath Bhattacharyya from Barrackpore Commissionerate to the CID, the Calcutta High Court has ordered action against two senior officers of the Detective department for alleged custodial torture of a co-accused. The court also granted bail to the co-accused Kaustav Das after the State admitted that he "may have been tortured …

Calcutta High Court Orders West Bengal Police To Probe Filing Of 'Fake' Writ Petition By Co-operative Society Members
1 year, 9 months ago

Calcutta High Court Orders West Bengal Police To Probe Filing Of 'Fake' Writ Petition By Co-operative Society Members

Live Law  

The Calcutta High Court on Wednesday directed ADGP, CID, West Bengal to initiate criminal proceedings and investigation against persons who were allegedly involved in filing of a "fake" writ petition before it by forging signatures of eight persons including a dead person. Nizamuddin observed: “This is a serious criminal offence committed before this High Court by filing this fake writ …

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
1 year, 9 months ago

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry

Live Law  

The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 and section 420 of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the said provisions. The single judge bench of Justice Rai Chattopadhyay observed: “Peculiarly enough in this case the complaint discloses …

Calcutta High Court Quashes Penalty Imposed By Customs Dept. Without Enquiry & Adjudication
2 years, 10 months ago

Calcutta High Court Quashes Penalty Imposed By Customs Dept. Without Enquiry & Adjudication

Live Law  

The Calcutta High Court consisting of Justice Md. V, imposing a penalty of Rs.1 crore under Section 112 of the Customs Act on account of some past offences without initiating any proceeding and any adjudication order. The court while criticising the act of the department said that how an authority like a Commissioner can pass order without initiating any proceeding …

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate
2 years, 11 months ago

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate

Live Law  

The Calcutta High Court on Tuesday sought the personal appearance of a school headmaster for not complying with an earlier order of the Court wherein the concerned school had been instructed to file an affidavit enumerating as to why a no-objection certificate could not be granted to the petitioner.Justice Abhijit Gangopadhyay noted that the earlier order of the Court dated …

Summons Cannot Be Issued To An Accused U
2 years, 11 months ago

Summons Cannot Be Issued To An Accused U

Live Law  

The Calcutta High Court on Monday held that before issuing summons to an accused under Section 204 of the CrPC, a Magistrate has to mandatorily hold an inquiry under Section 202 of the CrPC. Justice Ananda Kumar Mukherjee held that the scope of such enquiry under section 202 CrPC is limited to the ascertainment of truth or falsehood of the …

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