The Calcutta high in the case of Debarati Banerjee vs State of West Bengal has recent held that an employer can’t be charged for criminal intimidation or criminal conspiracy merely because he asked an employee to join his place of posting immediately.
The court observed that if a bank decides to transfer its employee in accordance with 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.
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The High Court quashing the criminal proceedings against the bank’s official HR manager initiated by the order of magistrate , 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 HC observed, “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,”.
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