Fraudulent Sale of Property
Balaji Bakthavathsal
(Querist) 16 December 2010
This query is : Resolved
Can we file a criminal case directly in the court through an advocate or should it go through the Police Department ? A fraudulent person has executed Power of Attorney using some fake documents and the power agent sold our property and registered the Sale Deed in the Sub-Registrar’s office in which we are living even today. The power agent too sold the property after the cancellation of the power of attorney. Knowing very well that the power of attorney got cancelled, the power agent filed a false specific performance suit through his buyers and later got it transferred to the Lok Adalat and got our house registered. I have solid evidences on the fraudulent sale. When I filed a complaint, the police did not take any action even after I got High Court Directions to investigate the matter. Please let me know whather I can file a criminal suit against the fraudulent persons directly in the court through an advocate.
Ajay Bansal
(Expert) 16 December 2010
YES. YOU CAN DIRECTLY FILE A COMPLAINT IN COURT THROUGH YOUR ADVOCATE WITHOUT GOING FIRSTLY TO POLICE.
Advocate. Arunagiri
(Expert) 16 December 2010
If the police case is pending, you can not register a complaint before the court. If the police file a report, file a protest petition before the magistrate.
Balaji Bakthavathsal
(Querist) 16 December 2010
Thanks for the advice. In this case, the police has filed FIR which is still pending. Though the police arrested the Power Agent and one of the buyer, both of them came out on bail and the main accused are still roaming scot free. Police had not made any efforts to apprhend the main accused. At this stage, can I file the Criminal suit ?
Devajyoti Barman
(Expert) 18 December 2010
Criminal suit is already pendng. You rather file a civl suit.
s.subramanian
(Expert) 18 December 2010
Police will file final report. After thatt you can think of futher action,if necessary.
