M. MURALI (OFFICER) 08 August 2012

How to file a criminal case and who should file

RESPECTED SIR/ MADAM,

MY BROTHER WAS BOOKED UNDER 498-A FALSELY IN 2011. SUBSEQUENTLY HE WAS GRANTED BAIL AND THE PROCEEDING ARE GOING ON IN KAKINADA COURT. ONE AMOUNG THOSE ALLEGATIONS IS THAT MY BROTHER'S FATHER IN LAW HAS GONE MISSING FROM HIS HOUSE DUE TO THE CONDUCT OF MY BROTHER. FURTHER THEY HAVE ALSO PRODUCED A FABRICATED SUICIDE NOTE WHERE IN IT IS MENTIONED THAT DUE TO MY BROTHER'S MISCONDUCT HE IS LEAVING HIS HOUSE. MY BROTHER RESIDES AT CHENNAI, TAMILNADU AND HIS FATHER IN LAW, WHO IS RETIRED FROM STATE GOVT SERVICE FROM ANDHRA PRADESH WAS STAYING AT KAKINADA, ANDHRA PRADESH.

WE TRIED TO PROBE THE MATTER OF THEIR FATHER'S ISSUE. IT WAS REVEALED THAT THE SO CALLED LEGAL HIERS, I.E MY BROTHER'S WIFE, MY BROTHER'S MOTHER IN LAW AND THE OTHER TWO SISTER IN LAWS HAVE SOLD ONE PROPERTY STANDING IN THE NAME OF MY BROTHER'S FATHER IN LAW AFTER HE HAD REPORTEDLY GONE MISSING.

DURING THE EXAMINATION OF WITNESS OF 498-A THIS QUESTION WAS POSTED AS TO THE WHEREABOUTS OF MY BROTHER'S FATHER IN LAW. INITIALLY MY BROTHER'S WIFE HAS STATED IN THE COURT THAT HER FATHER HAD GONE MISSING. SUBSEQUENTLY WHEN THE XEROX COPIES OF SALE DEED DOCUMENT WERE SHOWN TO HER IN WHICH IT IS STATED THAT HER FATHER HAS ON A PARTICULAR DATE AND HER STATEMENT WAS CONTRADICTORY. SHE CLAIMED THAT BOTH THE FACTS ARE TRUE.

WHEN THE SAME QUESTION ABOUT THE WHEREABOUTS OF MY BROTHER'S FATHER IN LAW WAS POSTED TO MY BROTHER'S MOTHER IN LAW SHE INFORMED THAT SHE HAD ORIGINALLY MENTIONED TO THE DOCUMENT WRITER ASKING HIM TO MENTION THAT HER HUSBAND HAS GONE MISSING IN THE SALE DEED, BUT THE DOCUMENT WRITER HAD BY MISTAKENLY MENTIONED HIM DEAD.

NOW I WANT TO FIND OUT WHETHER ANY CRIMINAL CASE CAN BE FILED AGAINST MY BROTHER'S MOTHER IN LAW SINCE SHE IS GIVING CONTRIDICATORY STATEMENT IN THE COURT ABOUT HER HUSBAND'S MAN MISSING ISSUE. THE HAVE EVEN SOLD A RESIDENTIAL PROPERTY AFTER REPORTING MAN MISSING CASE IN POLICE STATION. I AM UNABLE TO UNDERSTAND HOW THE REGISTRAR HAS AUTHENTICATED THE SALE WHEN THE ORIGINAL TITLE HOLDER HAS BEEN REPORTED MISSING.IN THE YEAR 2010-11.

Reply Follow

1 Replies

surjit singh (Assistant) 08 August 2012

Since you have been granted bail, you can go for quashing of the proceeding and/or you can argue this matter of missing and subsequently selling of the propety, before the trial court at the time of framing of charges. Kindly also note that what is the period of difference between the missing of your brother's father-in-law and the date of selling of the property. Mentioning all these fact you can approach the court. The contradiction between the statemnet of witnesses before the court and in the sale deed will help you to great extent.

You can file a case of perjury before the same court where the trial is going on quoting these statements. Consult a good counsel at your place you have a good case to go against them under 211 of IPC and perjury.