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Gautam Joshi (ABC)     13 July 2020

Can direct criminal complain be filled?

Dear Forum,


I want to file a criminal complain in the court against the Chairman/Secretary of the Society without logging FIR against them in the police station. 


Facts are as below


1) The house in which i stay is in name of my paternal uncle, which was actually build by my father using his money in 1966. (I dont have any proof to prove the fact that it was built from my father's money).

2) But as per the family understanding the share certificates of the house are in my possession and also I posses a letter signed by my uncle that is addressed to the Chairman of the society stating to transfer the share certificates in my name after his death.

3) Now he (my uncle) died in March 2019

4) After few months I went to society along with original share certificates to get the same transferred in my name by submitting the copy of that letter mentioned in point no. 2.

5) To my surprise, society told me that in 2002, they had received application from my uncle stating that they had lost the share certificates and society had issued new ones to him.

6) Also, they have received transfer application from the sons of my uncle and society is in process to transfer the same in their name.

7) I immediately sent a transfer application to secretary and chairman by register AD and also recorded objection for any other transfer in the same letter.

8) My application was received by chairman and secretary on 23.05.2019 but still they transferred the house in name of my uncle's son on 26.05.2019.

9) I did served notice to the society through my advocate in Sep 2019 citing the wrongfull deeds done by the society. (Main points were 1. There being two transfer applications, it becomes title dispute and as per supreme court only civil court can address title dispute. Society has no power to decide which application is right and which is wrong 2. Original share certificates can be considered as valid until and unless same is cancelled by competent court. So they cannot make transfer in duplicate share certificates 3. While issuing duplicate share certificates, society had not followed any legal proceddings like issuing advertisement in paper, taking affidavit, filling FIR etc. They simply issued dupicate based on application of my uncle which is illegal).

10) Till date society has not replied to the notice.

11) It is learnt that Chairman/Secretary has accepted money from opposite parties to execute transfer. (Can be belived because in past there have been instances of such case)


Now some people familiar with law are advising to file direct criminal complain against the chairman/secretary without trying to lodge FIR as they will fix the police with help of opposite parties. I have adviced to file complain under IPC 405,406,420,467,468, 114 and 212.


Can such criminal complain be made directly in the court or and FIR needs to be loged first. Secondly, if such complain is logged, court will direct police to investigate the case or case will run in court with the proofs produced by me.?


Any information will be highly appreciated. Thanks in advance.


 3 Replies

Adv Keches Shilwante (Partner @ Legal Biceps)     13 July 2020

Any aggrieved person can file private criminal complaint under section 200 crpc 

1 Like

Ärpït Güptä   13 July 2020

for initiating criminal prosecution there are two ways. One is registering FIR with police authorities and second one is filing Complainant directly in the court. You need not to register an FIR for filing Complainant in court. At first you will give your statement and proofs in the court and next if Court considers that yes prima facie accused has committed crime only then Court will summon the accused and then again
your evidence is recorded and you will give evidence and then Accused will give their evidence and then judgement. If Court believe no Prima Facie case is made then it will dismiss your Complainant.
But personally if you have strong evidence then go for FIR as in Complainant case Accused will not be arrested by police whereas in case initiated on FIR accused will be arrested by police.
2 Like

Gautam Joshi (ABC)     14 July 2020

Thanks to both of the learned advocates for your reply..

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