Does Section 466 IPC come under the ambit of Section 195 Cr.P.C
Dear Friends, I have just a single question, and that is if " Rates of certain Civil Works have been prescribed by the Chief Engineer by Authority of GOI, and if while preparing the estimates the Assistant Engineer alters the rates to higher rates than prescribed by the Chief Engineer, and the work order is released, work completed and payments made, this has caused a loss of Public Money.
The appointing authority has not extended any reply or sanction for prosecution U/s.197 of IPC of his subordinate staff.
Can the Magistrates Court take cognizance on a Private Complaint of is the complaint barred by Section 195 Cr.P.C.
Replies/suggestions/Help with citations will be of much help and will be appreciated.
Thank you
Regards
Anil Kumar Singh more
The appointing authority has not extended any reply or sanction for prosecution U/s.197 of IPC of his subordinate staff.
Can the Magistrates Court take cognizance on a Private Complaint of is the complaint barred by Section 195 Cr.P.C.
Replies/suggestions/Help with citations will be of much help and will be appreciated.
Thank you
Regards
Anil Kumar Singh more
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Proof of approved rates-and rates adopted by the A.E are important to file in a court more
Feb 23
Dear Sar
Dear Saripalli Suryanarayana Garu, have both the Approved rates and also the adopted rates as documentary evidence to file in the Courts. Will be filing the criminal complaint shortly. Thank you very much. more
Dear Saripalli Suryanarayana Garu, have both the Approved rates and also the adopted rates as documentary evidence to file in the Courts. Will be filing the criminal complaint shortly. Thank you very much. more
Feb 24
If Lok Ayog is in existence in the state concerned, can't the matter be referred to them for necessary investigation under anti-corruption act? more
Feb 23
In my view unless the Chief Engineer himself initiate action based on manipulation of rates without his authority it may be deemed as the action of Assistant Engineer with the approval of higher authority. The only option me is to put to CAG and/or AUDIT wing to go in to the matter and if it is established that there has been contravention of established norms a possibility of action based on AUDIT REPORT may be initiated. Unless the intention to defraud the Government with motive to make personal gain is established in my view no criminal proceedings can be initiated. MOTIVE FOR PERSONAL GAIN and DEFRAUDING FOR PERSONAL GAIN in my view is necessary to establish before an action can be initiated. ASHOK KUMAT 9998107099 more
Feb 23
Dear Mr.Pankar Sharma, when I need your personal consultation, I shall approach you and will definitely keep in mind your consultation charges. Till then have a nice day. more
Feb 23
