Anonymous
19 December 2017 at 14:29
Dear sir,
our opponent created forged patta in respect of our land and produced as evidence in District Munsif court case, which was filed by them for suit for declaration based on the said forged documents and got the judgment in his favors. And we preferred appeal in sub court and the said appeal was dismissed. Further we preferred second appeal in High court of Madras. While second appeal was pending, our opponent was died and the legal heirs were brought on record. And the second appeal was allowed by setting aside the lower court judgments. Then our opponents preferred SLP in supreme court based on the concurrent judgments of lower courts( DMC and Sub Court), which are given based on the forged and fabricated documents and the same is pending till now.
Meantime, I gave a criminal complaint to police department against our opponents for creating forged documents, using a forged documents as genuine and giving false evidence in civil court. And case was registered by police against our opponents and final report was submitted in Judicial magistrate court and the case was taken on file in JM Court and further proceedings initiated.
Then our opponents preferred Criminal OP in High court of Madras, and prays that
1) As the subject matter of suit property of this criminal case is pending before the supreme court in SLP Civil case, stay the entire proceedings of the criminal case
2) And states that even if any mistake has been committed by their father, the criminal liability cannot be shifted to the legal heirs and quash the proceedings of criminal case.
My query is,
1. can proceed the criminal case, even the subject matter of the suit property is pending with supreme court in SLP Civil case.
2. Father created some forged documents and used as evidence in civil cases in courts and got judgments in his favors.The High court of madras dismissed the lower courts judgments in second appeal filed by us( Aggrieved party). Since the father was deceased, while the pendency in second appeal, the legal heirs are preferred SLP in supreme court, based on the same forged evidence, which was created by their father. In this juncture, whether the criminal offence will shift to the legal heirs under section 196,197 and 198 of IPC
Anonymous
18 December 2017 at 21:18
What is the meaning of case disposed the reason mentioned is
Uncontested--Judgment and preliminary decree.???
Anonymous
17 December 2017 at 21:29
Dear sir,
An compliant case was filed in CJM court in Oct.2007 U/S 156 (3) and it was dismissed. Again filed party filed revision in Dist./Ses court in April 2008. I t was also dismissed.
In Nov.2008, aging party filed the same complaint matter through back door in the police kotwali as an FIR with fake medical document from Gorv. Hospital. Where her father was also working as lab Asst.
Now husband have charge sheeted. I filed u/s 482crpc for quashing of charge sheet in HC, and got stay on the ground of already two complaint case was dismissed/rejected by CJM & Dist. court then how its coming third complaint with out disclosing the previous complaint in this FIR.
. At that time during the first hearing party council filed counter affidavit and argued to the court that husband has continuous threatening to the wife that he will kill you (wife) etc.
Now this month,2017 it has listed in High Court. I have to file the rejoinder affidavit.
Now my qus. is that what should i do weather it is queshable by High court ?
Apart from this I have Statement and cross- examination give by wife in 125 crpc maintenance case, in 2008. which is very imp.document. In this Cross- exam. she has accepted that she came with is brother on his byke/motorcycle from her martimonial home. But in FIR she has mentioned that husband and his younger brother has beaten and left at bus stand at my home district (near by her house) which is 30 km far from my home town/ matrimonial home (husband home ). As police, IO has taken this ground and beautifully marked the place where incidence has taken place by husband.
Now this cross-Exam. document can i use in my rejoinder affidavit ? this document will be useful in quashing of charge sheet ?
Kindly advice and suggest.
(now she is Ex-wife,divorced and also getting maintenance from me for herself and two children).
Anonymous
17 December 2017 at 14:42
Hello,
I was charged with a petty case. I went to police station on my own they gave the compounding fee. There was no court summons. Does compounding mean that the charges are dropped or was I convicted by paying a compounding fee
sunil
17 December 2017 at 01:17
can a non LLB student do post graduate diploma in criminal lawyer? if yes then what will be benefits of doing this course? please suggest me? can i take a stand in future after doing this course legally? i hv done MSc.
vijaya
16 December 2017 at 22:37
Respected experts, after issue of legal notices in partition suit in Nov'14 and Dec'14, a criminal case was filed on our family in Jan'15 us.420 & 506 alleging 4 bangles and money taken by us in Aug'14 and charge sheet was filed with oral statements of 3 witnesses only with no other material evidence. The complainant is my mother and first witness is her brother and both are defendants in partition suit. 2nd witness is wife of first witness and 3rd witness is maid servant of the complainant ie. my mother. It was alleged that my daughter took gold from my mother on a promise to return in 10 days and not returning and that when she asked to return we threatened to file partition suit. in fact we also filed a writ petition in Dec-14 when police started harassing us on different pretexts. That time also this allegation was not mentioned. We have contested in high court to quash the proceedings that they did not mention the alleged incident in their reply to the legal notices and also s.420 has no application even if their story is true. Order was passed in the high court deleting s.506, but saying the allegation attracts s.415 and dishonest intention to be examined by trail court. May I request you to please throw some light on whether the said breakage of promise to return is a civil wrong or crime us.415. In the absence of entrustment or inducement in the allegation itself, does s.415 can really be applied? Please help me understand and suggest me the available legal remedies. I am concerned if filing criminal case in the court is that easy such as 2 defendants in partition suit can be a complainant and a witness without any evidence. regards..vijaya
Anonymous
16 December 2017 at 22:13
Dear Sir,
I am preparing for UPSC.
Sections 506 and 509 were filed on me due to some love issues. I went to court for 5 trails and later we have compromised, case was closed in 2013. Hear I have two questions.
1. Do I need to mention about this while applying for UPSC?( Case was not filed in my Hometown/ District)
2. Am I eligible for IAS, IPS and IFS?
Thanks for your support.
Satay Parekh
16 December 2017 at 18:00
Last year I was caught smoking hookah in a bar. The police took me to police station entered my name and address in the register and made me sign a document and charged me ₹200 and left me I was not told to come to court or anything. There was not arrest. Now I am about to go to US and have to apply for passport and visa. My question is will this small issue show up as a criminal history in the government database ? I didn't know hookah was banned in mumbai. Will there be a problem in background checks when I apply for a job. I'm pretty worried I have learnt my lesson and have not smoked again.
Anonymous
16 December 2017 at 17:56
Last year I was caught smoking hookah in a bar. The police took me to police station entered my name and address in the register and made me sign a document and charged me ₹200 and left me I was not told to come to court or anything. There was not arrest. Now I am about to go to US and have to apply for passport and visa. My question is will this small issue show up as a criminal history in the government database ? I didn't know hookah was banned in mumbai. Will there be a problem in background checks when I apply for a job. I'm pretty worried I have learnt my lesson and have not smoked again.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Is witness oath must while summoning accused 200 crpc
I need to file a private complaint case before Magistrate u/s 200 crpc against forgery (not 156(3) But I am unable to produce any witness at present. Is it mandatory for the complainant to bring 1 or 2 witness for examination to begin the criminal case.