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Unicorn   02 November 2020

Defamation case or other need suggestions

I lawful purchased agriculture property from SC/ST person 'A' for educational purposes. Which was permitted by government by a special circular. I given down payment and the whole land sold to other SC/ST person 'B'. I put a civil suit for cancellation of sale deed. There were 2 persons 'C' & 'D' behind the 'B' who funded and purchased the property as benami. 'A' put FIR on me said I kidnap him and show knife and executed the agreement, later on FR made by police in favour of me. 'A' went to megistrate and put protest petition with two witness which are of 'C' & 'D'. So megistrate took cognizance and take action against me. I went to high court and took stay on the order of megistrate. Meanwhile there was an income tax raid on 'C' & 'D', all documents related to agriculture property found near them. Income tax department ordered for provisional attachment under benami act and found 'C' & 'D' are beneficial owner and 'B' is Benamdar. Later on this attachment order is confirmed by delhi adjudicating authority. Both 'C' & 'D' sold the plots in the property and receive the amount, funded the Benamdar 'B' and made huge profits. Now, I want to put case against 'C' & 'D', what should I do l, how can they be penalised. Please guide.


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 6 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 November 2020

1. There is no Privity of Contract or relationship between you and "B" "C" "D".  Hence you do not derive any legal right to file any criminal or civil against them,  more so specifically since they have not wronged you or caused you any documentary provable losses.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Unicorn   03 November 2020

Thank you Hemant sir for prompt reply.


They took my whole property and put SC/ST case on me by 'A' that I did agreement by kidnapping and knife. I have documentary proof that they all are together. 'C' & 'D' have name on brochure for selling of plots, signature with 'A' on site measurements which shows A, B, C, D all are together and put case of SC/ST on me. I mentally harras and frustrated due to this. Please consider and tell me the way.

P. Venu (Advocate)     03 November 2020

What is the present status of the criminal case against you?

Unicorn   03 November 2020

We have got releif from High court as stay on cognizance order of megistrate.

P. Venu (Advocate)     03 November 2020

Stay does not amount to a final relief. You need to wait till you are acquitted or the case is quashed and set aside.

Unicorn   03 November 2020

Meanwhile can I put case on them?


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