Civil Procedure Code (CPC)

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R. K. Singh (Business)     14 November 2019

Sale of asset by complainant after filing false ipc 406 fir

Dear Esteemed Members, a police complaint was filed involving section 498A, 406 etc. one of the item of IPC406 for example a car - was with the complainant itself however false complaint was filed. After some time that car was sold by complainat probably to evade the fact that she herself was having the car. Police has filed chargesheet which is just copy of complaint. The accussed has the evidences that car was sold by complainant. what criminal actions can be taken against complainant? Thanks



 6 Replies

Adv Deepak Joshi +917017821512 (Advocate)     15 November 2019

facts not sufficient to advice, better approach advocate with complete material facts.

G.L.N. Prasad (Retired employee.)     15 November 2019

A  movable property in which value decreases due to passage of time,  in the name of the owner can be disposed when there are no restrictions by the court on such sale.  The defendants/respondents can only mention such sale, and in case of disputes, the court considers and decides about adequate compensation in lieu of that disposed asset.

Dr J C Vashista (Lawyer)     16 November 2019

What is the opinion and advise of the lawyer engaged and paid fees by accused who is well aware about facts and circumstances of the case and an able, competent and intelligent enough to clarify your doubts, if it is not an academic exercise?

R. K. Singh (Business)     17 November 2019

Originally posted by : G.L.N. Prasad
A  movable property in which value decreases due to passage of time,  in the name of the owner can be disposed when there are no restrictions by the court on such sale.  The defendants/respondents can only mention such sale, and in case of disputes, the court considers and decides about adequate compensation in lieu of that disposed asset.

the car as alleged was with the accused and criminal charge was levied ((though actually it was with complainant herself)). will it count as tempering with the evidence 

R. K. Singh (Business)     17 November 2019

Originally posted by : Dr J C Vashista
What is the opinion and advise of the lawyer engaged and paid fees by accused who is well aware about facts and circumstances of the case and an able, competent and intelligent enough to clarify your doubts, if it is not an academic exercise?

dear sir the engaged counsel has his own style and suggests to wait .. .. since the car was with complainant herself is it not liable under section 182 and 211 .. ? Further the complainant sold the car ... for malafide prosecution of accussed and also to evade her own prosecution for false complaint .. will it also count as tempering or destruction of evidence

thanks

1 Like

P. Venu (Advocate)     30 November 2019

In a criminal case, it is for the prosecution to prove its case beyond reasonable doubt.Given the charges involved, the State would be prosecuting the case. As such, the the original complainant would be a witness. Your advocate can cross-examine and try to bring out the truth. But your priority ought to be meeting the charges on merit and acquittal on merits.

If the complaint had been malicious, you have the option of seeking remedies thereafter.


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