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Pushkar (DR)     12 June 2012

Revision filed in sessions court

 

Dear experts, 

Below is the brief history of the case:

I had bought land back in 1999 from other co sharers (I was also a co sharer) who were my brothers. Now they tried to file a criminal complaint against me for using a forged POA to get the sale deed registered at that time. They approached the police who did not register a case saying it is a civil matter. Then they approached the Judicial magistrate who ordered an enquiry by police under section 156 (3) of the CRPC and after purusing the documents and the police report dismissed the complaint. It was also noted by the JM that this was a case for civil courts and criminal courts cannot be misused for the purpose.

 

Now, my brother has filed a revision in sessions court and I have got summons.

An important point is that the concerned POA is missing since 2008. They are alleging that I gave them the photocopy of the POA just few months back and then they realised that their signatures were forged. Otherwise they say that they did not know of the forgery since 1999. I did not give them copy of any document.

As the original is now missing, it is hard to prove which one is the right one. 

They have not been able to produce the alleged copy so far before the police or the judicial magistrate who dismissed the complaint. Can they produce that document in the sessions court and ask for revision.

 

So much time elapsed since 1999. Is that a point to base defence on??

I would also like the experts to suggest some points that I can defend myself.



Learning

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