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Criminal law

Querist : Anonymous (Querist) 26 February 2010 This query is : Resolved 
I have a problem in a case that Some person committed a fraud relating to a big plot of Land. Accused created a false fabricating manufacturing document by a person in the plase of original land owner . Original land owner at present residing in U.K. When he come in india a hear a rumar that his land was sold by the caretaker of his property by false fabricated power of attorney of original land owner , then land owner filed a police report at police station then police started investigation U/S, 468, 469, 471, 420 , 34 (B) I.P.C.and arrest some accused and put then in the court. Court orderd for detention of the accused person . after some time accuseds file bail petition and take bail from D.J. (Patna) . After bail he submitted an application U/S. 239 cr.p.c. on the ground that this case nature is civil because a civil suit filed by the land owner. So Please help me and give some caselaw for disallow the petition of discharged .
Parveen Kr. Aggarwal (Expert) 27 February 2010
Fabrication of power of attorney and using it as genuine cannot be said to be a case of civil nature. It is squarely covered in the definition of making a false document under section 464 of the Indian Penal Code, 1860. The making of false document and forgery committed is punishable under the provisions mentioned in your query.

Civil suit and criminal prosecution can proceed simultaneously because cancellation of setting aside of the forged document can be made by a civil court alone only upon institution of a suit within limitation period.
Ashok Yadav (Expert) 27 February 2010
I agree with Mr. Parveen, that is a criminal case, and cvil suit filed by the original owner is for cancelletion of the regd. documents. both can proceed simultaneously.
Sanjeev Panda (Expert) 27 February 2010
Civil case and criminal case can proceed simultaneously, there are various judgments on the issue and no more res integra. I completely agree with Mr. Praveen & Mr. Yadav that Fabrication of power of attorney is squarelly covered U/s 464 of the Indian Penal Code, 1860


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