Interesting case for lawyers


A sold his property in four different sale deed (S1, S2, S3, S4)  to B.

A after 15 years not disclosing three of four sale deed (S2, S3, S4) appointed C as his power of attorney on that property and authorize him to deal with abovementioned property (except of that part which is mentioned in S1 sale deed) after that C sold that property to himself (sale deed S5).

Now B filed criminal complaint u/s 420, 467, 468, 471 IPC against A and C that they both fraudulently sold B’s property. Now when police investigation was pending C went to B’s house for compromise. C with hidden camera recorded whole event and interestingly C admitted in that recording that he bought that property under direction of D who is master mind of all this incident.  Now question is

1.                Can B file complaint against A, C and D u/s 420, 467, 468, 471 IPC though no fraud or misrepresentation was made to B by A, C.

2.                Complaint of B against D is maintainable or not though no documentary evidence except that video recording exist against D.

3.                Validity of video recording as evidence.


well, the recording can be used as an evidence during the trial in the original criminal case.


if B is able to prove the video recording as an authentic evidence then B can proceed under S. 340 Cr.P.C against D


Admition by C for involvement of D in video recording though no documentry evidence adainst D is there nor his name appears in sale deed or power of attorney. D cannot be prosecuted in 340 CrPC as for Section 195 CrPC does not apply in this case




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