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Course of Action

(Querist) 08 October 2009 This query is : Resolved 
Sir,
A forgery case had been registered (FIR) against a person, who tried to usurp my property, after two and a half years through the lower court and the Investigation has been going on for the last three years owing to delay of police department with the change of three Investigation Officers who have been shielding the accused and no progress is found because first the verification of signatures in the forged document has been collected to be sent to the FSL where the report came since the absence of contemporary signatures -- i.e. the signatures sent are the present ones but not the signatures sent at the time forgery took place -- authentication of the present signatures could not be established of the forgery signatures. In this process two years passed from the date of registering the FIR along with the police improper investigation knowingly delay the case so that the accused could go scot-free without punishment. Further now even after one year (total of three years after registering the FIR) the relevant original documents are missing from the Court files and the court has not taken seriousness of these lapses giving the apprehension that whether Judge is also favouring the accused who happened to be the notorious person in this types of cases as there were number of FIRS have been registered against hi. Since he is very influential person of unfair dealings he could able to prolong the proceedings of the court. Besides, the court Order sheets which would be revealing the nature of vanishing original documents has also been missing from the Case files of the court.
Under these circumstances what my advocate should do for immediate relief as I am really fed up with deliverance of the natural justice. Please suggest me the course of action which would give me instant respite and I shall be grateful to you and I immediately require a good pleader to take up my case of both the civil as well as criminal cases. Please respond.
Kiran Kumar (Expert) 08 October 2009
loss of documents from the court file is a serious issue, for this u can send a complaint to the High Court.

as far as investigation part is concerned there is no time limit fixed....however if, from the record, it is apparent that the polcie is delaying the process then u approach High Court for change of investigating agency....but prior to doing that make a representation to the DGP of the state stating whole trouble and behaviour of police....DGP can take action and appoint some competent officer instead.
Raj Kumar Makkad (Expert) 08 October 2009
Agreed with Kiran.
adv. rajeev ( rajoo ) (Expert) 08 October 2009
There is avigilance committee in the high court. U have to make complaint to the high court.
U take the entire order sheet certified copy of ur case.
File an affidavit against the judge, because judge favouring behaviour to the accused is suspicious. Unless we protest aginst such persons we wont get anything.
Now a days juidicial department is the highest corruptive one. U can see it from Dinakaran.
So go ahead and make an allegation.
Sachin Bhatia (Expert) 08 October 2009
It is better to send a complaint to the High Court.


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