Legal Question in Criminal Law in India
sir , In a case of Fake muster(according to FIR of CBI ) i was just paying officer and at the time of payment there was no labour preent so i reported that to then executive engineer and he then verbaly directed me to handover the payment and muster roll to E-in-charge of that work and he will do the payment to labours as most of the labours were discharges at the time of payment and i was posted there newly and not aware of anything .Later after 3 days the concerned E-in charge did the payment and handover the muster to me for my initiall as i was the official paying officer so i put my initial against each thumb immpression and deposited it . Later on acting on a complain CBI lodge FIR claiming it fake muster . There are total 20 labour in that and amt involve is rs 104000.00 .Now all labours are available but there thumb impression are not matching CBI asked me about the disbursement of payment and i told it the same that though i was paying officer but it was disbursed by E-in charge on verbal order of executive engineer.But CBI named me in FIR under section 120B 468 471 chargesheet not issued till now .In this circumstance please let me know how i can safe myself as i have not done mustering and i was not E-in-charge of that work and i was just paying officer who's duties were to disburse the payment to each labour personally but i had given the payment to that E-in charge on order my Executive engineer.
1 Answer from Attorneys
You will have a chance to argue your defence at the time of framing of charge.
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