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Sandeep Gupta (Manager)     30 November 2016

Pcr complaint

I had filed a PCR in Distric court againts one person in which he is holding two BPL ration cards. in one of the card he is a main  (Head) peron in the ration card and other one he is added as a family member along with other family members. I have submited the evidences of certified copies of the both BPL card and the records of the fair price shop from where ration is taken on both cards. Court has disposed (rejected) the PCR by concluding that "The said documents clearly reveal that one ration card is issued in the name of X and another Ration Card is issued in the name of accused and further it is relevant to note that one Y (one more member in the X card) has taken the ration from fair price shop. Hence the aforesaid documentary evidence on record clearly reveals that the accused is not possessing two ration card as alleged by the complainant. It is true that in the ration card issued in the name X the name of accused is found place. However, no document is produced by the complainant before the court to establish that the accused have obtained two ration card in their name by furnishing false information and false statement as alleged by the complainant. Only for the reason the name of accuse is found place in the ration card issued in favour of X it cannot be said that the accused have committed the offence alleged by the complainant"

However now I have received new information (death certificate) of X who died 6 years before the card was issued on the name of X. This information was not available earlier. Also I do not know whay court has not initated the police enquiry if there was such doubt instead of disposing the case with such conclusion.    Should I appeal in high court with the new document of the death certificate of X that he died 6 years back and the conclusion of the distric court is based on the assumption.

What is your openion in this case now?

 



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 3 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     30 November 2016

Yes. You can approach HC. Also seek permission to lead further evidence in presummon trial. But, your query smacks of personal vendetta against the accused. If the court smells it, it may reject your case, because courts time and again emphasised that criminal machinery cannot be triggered to settle the personal scores. On that account, you must guard yourself.

Sandeep Gupta (Manager)     30 November 2016

Thanks for your reply.

This case will now be for representing the decessed person as alive to the public athority. Can court consider personal vendetta for such seviour charges. 

What is the section of IPC to represent decessed person as alive?

Regards,

   

 

Sandeep Gupta (Manager)     05 December 2016

Samarpan Sir,

Can you please reply to my above query. Also if you can provide some tips to gaurd for such situation. As a tax payer of this countery we are paying huge tax to govt for such scheems even though we also have huge responsibilty of our own family. These people are taking adventage of system. Neither food and supply department did anything on complaint nor these people have cancelled their ration card.       

Please provide your valuable feedback.

Thanks and Regards 


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