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MASTHAN (Self employeed)     04 February 2013

420 ipc

Hi All,

 

I am planning to file a 420 case on a person who sold us property for which he is not the actual owner.

 

Please review the below complaint form and let me know if I need to make any changes to it.

 


 

COMPLAINT FOR REGISTRATION OF A CASE U/S 420 IPC


 

From, XXXXX,

XXXXXXXX Date:

XXXXXXX

Andhra Pradesh


 

To

The Station House Officer

XXXXXXX

Andhra Pradesh

Sub: XXXXX alias XXXXX S/o XXXX cheated and thereby dishonestly delivered/sold property illegally and did fraud.. Pray that you take the offence u/s 420 IPC and charge sheet him in accordance with Central Government Act Section 420 in The Indian Penal Code, 1860.

Respected Station House Officer,

I, XXXX W/o Late XXXXX, age 55 years and resident of XXXXXX, AP, INDIA, bring to your kind attention the following facts;

  1. I most humbly submits that XXXXX alias XXXXX S/o XXXX cheated me and my husband (late) XXXX by selling the below property illegally and committed fraud.

Property Schedule:

SY NO: XXXX PLOT NO# 23, Dimesnsions : 60" X 40" (2400 sqft) or 266.66 Sq yards

Boundaries: North: 18 feet Road South: Plot 15, Plot 16 East: Plot 24 West: Plot#24

Land mark: XXXX

  1. It is further submitted that XXXXX claimed that he is the owner of the above said property and shown the registered document 3965/2006, which is registered at XXXX sub registered Office, as evidence for the same.

  2. It is further submitted that me and my husband late XXXX are illiterates and we trusted XXXX words and his registered document 3965/2006 and we bought the above said property from him and the same is registered at XXXX Sub registered office on 29 Mar 2007 and our registered document number is : 1210/2007

  3. It is futher submitted that four weeks ago, one person namely Raju S/o D XXXX approached us and claimed that his mother DXXX is the owner of the above said property and his mother bought it from XXXX and the same is registered on 16 Oct 1986 at XXXX Sub registered office and the registered document # 1465/1986 and he occupied the above said property from us by fencing it.

  4. It is futher submitted that, since the above said property is registered on D XXXX name on 16 Oct 1986, XXXX doesn't have any right on the above said property and his registered document 3965/2006 is invalid and he doesnt have any right to sell the above said property.

  5. CASE LAWS:

"Central Government Act Section 420 in The Indian Penal Code, 1860 420. Cheating and dishonestly inducing delivery of property.-- Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Of fraudulent deeds and dispositions of property"


 


 


 

  1. PRAYER:

From (1), (2), (3), (4), (5) and (6) it is clear that XXXX alias XXXX S/o XXXX cheated and thereby dishonestly delivered/sold the above said property illegally and did fraud. Pray that you take the offence u/s 420 IPC and charge sheet him in accordance with Central Government Act Section 420 in The Indian Penal Code, 1860.

  1. Attachments:

(a) The XEROX copy of registered document#3965/2006 at XXXX SRO

(b) The XEROX copy of registered document#1210/2007 at XXXX SRO

(c) The XEROX of NAKALU of registered document 1465/1986 at XXXX SRO


 

Yours faithfully

XXXXX

ADDRESS MEMO

  1. Address of complainant:


 

  1. Address of Accused/Respondent


 

  1. Address of  the owner of registered document : 1465/1986


 


 

Thanks,

Masthan



Learning

 5 Replies

Advocate M.Bhadra   04 February 2013

You shoild file a criminal case u/sec.156(3) of Cr.P.C.in Magistrate Court charge with sec.420,406, 427,467 and 468 IPC,consult with a local senior criminal lawyer.

MASTHAN (Self employeed)     04 February 2013

1. If police officer denies/fails to register at Police Station, then I will file private case before majistrate u/s 156 (3) Crpc

 

2. 467 IPC and 468 IPC sections used if do fraud using any "FORGERY" documents. In this particular case, what is the forgery document?

 

Thanks,

Masthan

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     04 February 2013

I do agree with the views of Mr. Masthan

MASTHAN (Self employeed)     04 February 2013

Hi Rakshi Budhiraja,

 

Thanks for your reply.

In this particular case.

 

1. Person-A sold the property to person-B in 1986

2. Person-A died and after that his sons sold the same property to person-C in 2006 (this is invalid registration) 

3. Using the invalid registration document , person-C sold the same property to us.

Now I prepared the above complaint to register 420 case on person-C, he is the one who sold us the above property by claiming that he has the absolute rights on the above said property.

Please let me know if I need to add/remove anything to/from the above complaint.

 

Thanks,

Masthan

MASTHAN (Self employeed)     05 February 2013

This morning we went to PS with the complaint. 

 

The respondent agreed before SHO that they will give other site in the same surroundings in the next six months of time.

What can I do now?

 

Is six months time is too long?


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