The Calcutta high court was dealing with the matter of Debarati Banerjee vs State of West Bengal and held that an employer can’t be booked for criminal intimidation or criminal conspiracy merely because he asked an employee to join his place of posting immediately.
Justice Ajoy Kumar Mukherjee was dealing with the prior mentioned case.
The court observed that if a bank decides to transfer its employee under its transfer policy, it would not be criminal intimidation under section 506 of the Indian Penal Code since it doesn’t amount to threat to cause any injury to the transferee’s reputation or property.
The Court also criticized the magistrate who entertained the criminal complaint. The High Court found that the order of the magistrate did not record that a prima facie case had been made out against the manager and that summons had been issued without verifying the complaint.
“The Magistrate is duty bound to carefully scrutinize the deposition to find out the truthfulness of the allegation and then to examine if any offence is prima facie committed by the accused,” the bench added.
This is written by Ms. Meera Benjarge Student of Manikchand Pahade Law College , Aurangabad.
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