KNK A Learner (Learning to share) 27 August 2013

Jurisdiction of court in fraud played on court

One of the co-heir forged the document and submitted to ADDL. SENIOR CIVIL JUDGE Court in a suit. Both the suit and victims place is one town but the jurisdiction is different.

what is the jurisdiction for the victim to file the criminal case against the culprits.

1. Either the place of sub court which comes under the jurisdiction of 1st class Magistrate - - Place A

2. Either the place of residence of Victim which comes under the jurisdiction of 1st class Magistrate - - Place B

3.under which section of Cr P C.

Thanks!

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3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 27 August 2013

Place where addl. Senior civil judge situate. Section 177.

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Virendra Sharma (Lawyer) 30 August 2013

Dear Friend, Offence relating to Forged document produced in court in evidence is defined under section 471 Indian Penal Code. No other court will entertain such complaint lodged by private person directly because of the bar imposed by the section 195(1)b of Criminal Procedure code. in such matter, you should request the same court (where forged document is submitted) to proceed according to the procedure laid down in Section 340 CrPC. Wherein, if court finds it expedient in the interest of justice, then that court itself will file complaint with some other 1st Class Magistrate and that magistrate shall take cognizance of the matter on the compalint lodged by your court and shall punish the offender, if found guilty after trail.

Thanks

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KNK A Learner (Learning to share) 31 August 2013

Thank You Virendra Sir,

The question is whether the court will take up by considering it expedient in the interest of Justice or not.

The Main Case is already decided and the contested respondents won the case and one of the contest respondents forged the other legal heirs including minors.

How about private complaint by refering APEX Court decision on "Iqbal Singh Marwah vs Meenakshi singh Marwah"

Whether the private complaint have to file in the same court where the forgery has happened or have to file with the First Class Magistrate of the concerned jurisdiction.

Thanks in Advance!