Case for the forgery of property

rohit garg (Querist) 16 May 2012 This query is : Resolved
A s my brother made a criminal case against me as my father made aproperty on my name ans now my father died,so sir you are requested to answer me the following questions:
1.As the criminal case on me under 156(3) for making FIR against me was first rejected by the Magistrate,sir after that the case would disposed off or the case will continue?
2.Can the criminal case can be transfered to another magistrate or not if not satisfied?
3. If the case is transfered to the another Magistrate , the case no. is changed or not?
4.If the case was rejected by the Magistrate than whether there is a procedure for again reopen the case under 156(3) or not under the same Magistrate and also sir please tell if the case would open than case number will remain same or changed?
5.If the case was rejected by Magistrate than wherther the case can be reopened in the Higher judicial authorties under 156(3) or not and also Sir if the case is opened in hiogher authorities whether the case no. is changed or not?

Sir, you are requested to answer my questions.

Follow Query

Report Abuse

ajay sethi (Expert) 16 May 2012
if the complaint made by your brother under 156 (3) before magistrate has been dismissed and magistrate has found no case is made out on basis of investigations made by police the case would be disposed of .

if magistrate has already passed order no question of transferring case to anohter magistrate .

your brother can file fresh complaint It is settled law that there is no statutory bar in filing a
second complaint on the same facts. In a case where a previous complaint is dismissed without assigning anyreasons, the Magistrate under Section 204 Cr.P.C. may take cognizance of an offence and issue process ifthere is sufficient ground for proceeding.second complaint on the same facts could be entertained only in exceptionalcircumstances, namely, where the previous order was passed on an incomplete record or on amisunderstanding of the nature of complaint or it was manifestly absurd, unjust or where new facts which couldnot, with reasonable diligence, have been brought on record in the previous proceedings, have been adduced.In the facts and circumstances of this case,

it is always open to your brother if aggrived against order of magistrate to file an appeal before sessions court

Nadeem Qureshi (Expert) 17 May 2012
Dear Rohit
1. this criminal complaint has been disposed off but the complainant has right to file a revision petition before Session Court against the order pass by the Magistrate.
2. The complaint can not be transfer.
3. no, case no can not be change.
4. he has right to file a criminal revision before session court.
5. case no. can not be change.
feel free to call