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Pushkar (DR)     23 November 2012

Criminal revision in sessions court

Sir,

In a property dispute my brother initiated criminal proceeding against me which was dismissed by the JM on basis of police report. Brother then preferred a revision in sessions court. The main defendant is the state but I got summons as well. I have counsel to represent me.

My question is: Is state lawyer the main party here or am I the main party. I am not sure whether I should just wait for the state lawyer to argue while I just keep a watch through my counsel. Please advise.



Learning

 4 Replies

Divya (nil)     24 November 2012

ur d main party...........pls attend each hearing ...Guess its a matter of forgery

surjit singh (Assistant)     24 November 2012

Basically in the revision you are the main petition but since the JM has dismissed the Criminal Proceeding petition on the basis of the police report the state has been made a party. Make your counsel to argue also supporting the argument of the state counsel and put forward all necessary new grounds supporting your case.

Pushkar (DR)     25 November 2012

Yes. I was accused of forging a POA for a property which I acquired 13 years back from other co sharers. Only 2 co sharers out of 6 initially complained to SSP. Then only 1 of them filed 156 (3) which was dismissed. Other co sharers have signed a memorandum for me saying that my transaction was genuine. The complainant has also presented new documents in the revision. These were not presented when the case was in JM court. This includes a report of private expert opinion on the photocopy of the POA which says signatures are forged by me. The original POA was stolen in 2006. A stolen report of many documents was written by the compainant himself at that time and presented to the police.

The allegations are baseless. They are only doing this because the property value has become over 10 times since I acquired it 13 years back. They want me to pay them more money.

Can I initiate a defamation case. I really want to teach them a lesson for their false allegations. Pleas eadvise how I can I do this. Should I wait till sessions court pronounces judgement or can I do it now.

Divya (nil)     25 November 2012

1) wrt to ''state'' being made a party, in all revision applctns, 'state' is also a party.

 

2) if other person has taken a private opinin & ifu hv really nt done a fraud, why dont u seek help from local police/govt handwriting expert...This will take a few months but by that time ur criminal case will go on...that decision will take some time....Be secretive & try to prove that ur poa was not forged thru attestation of proper experts....This will contradict ur oppopent's case...u already have stmnt of 5 co-shareres tht poa is genuine.......Wait for some time to file a defamtn case....First get ur poa verfied secretly just to show court.......

Also when u file a case, its not just defamation, its cheating & other allegations too.....If u take steps in hurry then it weakens ur stand...Counter case can take some time but first is ur defence.
 


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