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Chand (associate)     07 April 2013

Can a criminal case be registered when a civil suite is und

We have created a Civil suite for which some properties were transferred with fake stamp papers and forged Revenue documents four years ago. the hearings (proceedings) not started yet for this suite. 
- When we raised the civil suite, due to unavailability of proper evidence and other circumstances, we couldn't raise a criminal complaint. 
- Recently we have got the evidence with the help of RTI applications from the multiple sub-registrar offices 
stating the used stamp papers weren't sold to the person mentioned in the stamp papers and they weren't sold on the mentioned dates by the stamp vendors 
and the used stamp papers were sold to different persons on different dates but not to the person mentioned on the used stamp papers.
- We have got another evidence from tahaseldhar office with the help of RTI, stating that the person who transferred a property, doesn't possess 
the property on his pattadar passbook but yet he transferred the property to some other person by stating that he possessed the property on his pattadar passbook. 

- Now we would like to raise a criminal complaint on the person who committed multiple offences.

- Will the civil suite cause any affect on creating the FIR and investigation on the complaint?
- Will the civil suite have any impact on police for the investigation on the complaint?



Learning

 8 Replies

ADV S PATHAK (lawyer)     07 April 2013

yes u can lodge fir of 420 ipc with 467 by proving the forgery done. also u can convert the civil suit in criminal case. no restriction on criminal fir / investigation during civil suit.

Chand (associate)     07 April 2013

we have raised an application to the police 4 days ago to lodge a criminal case against the offender by providing all the evidences we have got through the RTI applications but the police were reluctant in registering a criminical stating that it is already under civil suit and the police have some limitations to register a case when the civil suit under process. 

we aren't really sure why police were saying that and we have indisputable evidence to prove the criminal offence made by the offender. 

abhishek (advocate)     07 April 2013

agree with mr pathak and if the police is not registring ur fir than u can file a complaint before the concerned magistrate and tell me whats ur status in this case? i mean was that property yours or u r the purchaser?

ADV S PATHAK (lawyer)     07 April 2013

ALL ARE THE EXCUSES OF POLICE DEPARTMENT SO THAT THEY CAN SIT PEACEFLLY AND CONCENTRATE ON MONEY MAKING CASES.  

1....ask the rti for ur complaint from police department after 15 days of making complaint.

2.... move another application of complaint to SP of the concerned Police staion mentioning about the previous complaint  and see what happens. again ask rti after 15 days.

3.... if no action report comes then file a complaint u/s 156(3) with all the evidence and rti of police to the area magistrate  with prayer to register fir.  

4...... or the shortest AND FASTEST way >>>>>>>>>GREASE THE PALMS OF THE CONCERNED IO. 

"""""""MONEY MAKES THE donkey GO""""""""

THERE IS A SC JUDGEMENT THAT CIVIL AND CRIMINAL CASE ON SAME MATTER CAN GO AT ONE TIME.

manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK)     08 April 2013

yes u  can file a complain cases against that person  us 156 (3) cr.p.c

Chand (associate)     08 April 2013

IPC sections 260, 262 aren't applicable in this situation?

the offender created fake stamps and used them as genuine to get the properties mutated on his name.

ADV S PATHAK (lawyer)     08 April 2013

sure these sections will be applicable with 420,120-b. but keep searching new evidence so serious sec's can be sllaped as both 260 and 262 are bailable. bail will be granted and case will linger-on for 2-3 years on one reason or other

1 Like

Chand (associate)     08 April 2013

The below is the background of the case. its a lengthy case hope you don't get lost while going through the case.

 

A has a son B and a daughter C. A gave 6 acres land to C during her marriage. and later (20 years ago) both A and B got partitioned A's remaining properties equally and got revenue pattadar passbooks for their shared properties and enjoying them peacefully. This was a mutual partition and there was no document as such.

 

 A got 11.5 acres land and a house. B also got 11.5 acres land but no house. 

 

 A scheduled properties:

A1. 3 acres

A2. 3.5 acres

A3. 3.5 acres

A4. 1.5 acres

A5. House

 

B scheduled properties:

B1. 6 acres

B2. 4 acres

B3. 1.5 acres

 

A was living with wife in wife's house and A has given his A5 to C and C's family is living there for 25 years after the C's marriage. but as per records, A is the owner of the house and paying the house tax on his name all these years.

 

A was having loans on A1 and A2 properties for 10-15 years and some loan amount still is pending on A1 property with a bank.

 

in 2004, A had sold A3 property for his medical and daily needs. B has signed as a witness for this transaction.

 

as A was getting older, A thought of giving his remaining properties(8 acres) to his 4 grand childern (both B and C's childern) equally.

 

by knowing A's thoughts, B has created a fake non judicial stamp paper(10 rs value) in the name of A as if it is created by A to say both A and B have mutual partition 15 years ago but not documented thier shares hence this document is created.  This non judicial stamp has date 12/04/2003. there are two scheduled property lists X and Y in the document. X belongs to A and Y belongs to B. properties B1, B2, B3 and A1 and A5 which belong to A are shown in the Y scheduled property list. properties A2 with invalid khata numbers, A3, A4, and A's wife house are shown in the X scheduled property list.  This stamp isn't registered.

 

A had paid house tax for A5 property for the years 2004 and 2005.

 

B has created another fake non judicial stamp paper (10 rs value) in the name of A as if it is created by A to say A has two houses and A and B have had mutual partition of having a house each 15 years ago but not documented their shares hence this document is created. This non judicial stamp has date 15/06/2006. there are two scheduled property lists P and Q in the document. P belongs to A and Q belongs to B.  A's wife house is shown in the P scheduled property list. A5 house is shown in the Q scheduled property list. This stamp also isn't registered.

 

B had mutated A5 property on his name by presenting the second fake stamp xerox copy to the gram panchayat board in 2006.

 

B had mutated A1 property on his name by presenting the first fake stamp xerox to the Revenue office (tahsildar) in 2008. A's pattadar passbook has been canceled.

 

B has transferred A2 property on his daughter's name in sub-registrar office in 2008 by stating that B has the possession of the A2 property and has pattadar passbook on his name for this property but this property isn't yet mutated on B's daughter's name.

 

by knowing the B's fraud and forgery, A has settled a WILL for all the properties including which have been mutated and transferred by B on C's name and registered the WILL.

 

few months later, A has raised a suit with having A and C are plaintiff and B is Dependent in the senior civil court in March/2009.

 

and the suit is still pending for trail. when the civil suit is raised due to unavailability of proper evidence and other circumstances, criminal complaint wasn't (actually raised but not pursued thoroughly due to the reluctance of the police as the case being civil)  raised.

 

A died in December 2011. C now is the plaintiff.

 

through RTI, we have approached two sub-registrar offices to validate the stamp papers created by B

 

the sub-registrar offices have confirmed that both the stamp papers were not sold on the name of A and they were sold to different persons and on different dates. and there were no transactions by the first stamp vendor on the date it is mentioned on the first fake stamp paper.

 

through RTI, we approached Tahsildar office to check whether B has any pattadar passbook for the A2 property but tahsildar confirmed that A2 property is still exist under A's name and A's pattadar passbook. 

 

we have had the loan statement for A1 property from a bank through RTI and it confirms that A has taken loan multiple times on this property from 1996 and A has pending loan amount of rupees 20,000 until the date  RTI reply is recieved.

 

 we now would like to pursue the criminal case against B thoroughly thats the reason i am seeking advice from the reputed lawyers on this forum. what are the possible IPC sections we can come up with to have a strong case.

 

how the courts interpret the RTI certified document?

 

will the RTI documents be used as evidence in the court of LAW?


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