Sir presently retired from the bank service. Can I lodge FIR in discovery of new facts? During 2006 the insiders tried to fix me in a false case of misappropriation of excess cash/shortage of cash. The claim gained by illegal activities of stolen customer paying in slip and a customer cash paid cheque stolen from my custody. The stolen property was under the custody of the supervisor and senior manager. Misappropriation of claim gained by concealment in the bank computer. On false customer complaints and the senior manager complaint.
Bank appointed team of investigator and enquiry presenting officer. Jointly supported a claim of misappropriation. All the claims earned by stolen paying in slips and a cheque from my custody. Virus is discovered by a bank directed to lodge a criminal complaint. The accused person's confession letter escaped from police investigation. The virus was discovered recently. Can I file a fresh fir against the bank and accused person's.
If the said incident happened due to malicious software or virus installed in computers of the bank then you can absolve from the alleged charges. In this situation the discovery of viruses in the computer system is an important fact.
Therefore, recording of FIR becomes mandatory to unearth the truth. The confessional statement of the accused has been misplaced by the investigating officer of the bank in connivance with the accused. Hence, this new fact may prove who has misappropriated the cash.
A bug or virus has been discovered during the preliminary investigation of the investigator and presenting officer. If the bank does not take proper legal action i.e. to lodge a first information report under the Information Technology Act then you should lodge the FIR.
FIR on discovery of new facts
This new fact constitutes a distinct offence. It may be possible that it has some link with the previous offence. But until the investigation starts and a report of an expert has not been received the link between accused and alleged crime could not be established.
Hence, investigation is necessary in respect of this new criminal act. You should lodge an FIR in discovery of new facts unveiled during the inquiry. If the police refuse to lodge your FIR then you should move an application to the Magistrate under Section 156(3).
