Private Complaint Case and Sealed cover procedure

[Amit Saxena]

After divorce in my favor and quashing of maintenance my FIL filed Private complaint in which after examining the complaint U/s 200 and inquiry U/s 200 by magistrate process was issued. I preferred application U/s 482 and the high court was pleased to stay proceedings by stating ” no cursive process to be issued”.
Now sealed cover had been adopted in case of my promotion. I contended that since the charge sheet is not filed in this case and the issue of process is stayed thus as on material date of consideration no criminal case can be said to be pending against me.
Please provide with any case law or any thing in favor of my attention.
Thanks in advance for your guidance.

[Dr. Ashok Dhamija]

For the Central Government servants, the guidelines for sealed cover procedure lay down as under:

“At the time of consideration of the cases of officers for promotion, details of such officers in the zone of consideration falling under the following categories should be specifically brought to the notice of the concerned Screening Committees:-

(a) Officers under suspension;

(b) Officers in respect of whom a charge-sheet has been issued and disciplinary proceedings are pending;

(c) Officers in respect of whom prosecution for criminal charge is pending.”

Presuming that you are working under the Central Government, the clause (c) will be applicable in your case. This means that if “prosecution for criminal charge is pending” then the sealed cover procedure may be adopted.

The question of “charge sheet” under the above guidelines is relevant when the charge sheet has been issued for a departmental proceeding, i.e., under clause (b) above, which is not relevant for your matter (as it appears from your question).

In fact, in a private complaint case (i.e., criminal case), there is no concept of charge sheet. This is so because “charge sheet” in a criminal case is relevant when the investigation in the case is conducted by police after registering FIR. In a private complaint case, there is no concept of charge sheet and the Magistrate takes cognizance directly. Of course, depending upon what type of criminal case it is, “charges” may be framed by court even in a private complaint case also, but it different from the filing of “charge sheet” by police.

Therefore, you’ll have to show that no prosecution for criminal charge is pending against you which could enable the authority concerned to put your case in sealed cover. You may have to approach the appropriate court or tribunal if the authority concerned does not agree with your contention. Please engage some local lawyer having expertise in service law.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Amit Saxena]

Thankyou sir for your helpful guidance.

Sir one more query is that in the stay order the Hon’ble Judge was please to order as ” No cursive process to be issued“. Does it say that commencement of proceedings before magistrate Under chapter XVI CrPC had been on stay and consequently the case is held at a stage of inquiry Under chapter XV CrPC.

[Dr. Ashok Dhamija]

Generaly, such language is used in bail or anticipatory bail matters by ordering that “No coercive action be taken“, which basically implies that the person should not be arrested in the meanwhile. The expression “No coercive process to be issued” would basically imply that by way of process (such as by warrants) you should not be forced to remain present. Process can be issued in the form of summons or warrant (Section 204 Cr.P.C.). “Coercive process” may perhaps refer to issuing process by way of “warrant”.

Whether the above order also amounts to stay on the proceedings may depend on the facts and circumstances of the case and the full contents of the order issued by the court.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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