Pushkar (DR) 04 April 2012

Section 156 (3) in property case

Dear experts,

I had bought land back in 1999 from other co sharers (I was also a co sharer) who were my brothers. Now they tried to file a criminal complaint against me for using a forged POA to get the sale deed registered at that time. They approached the police who did not register a case saying it is a civil matter. Then they approached the Judicial magistrate who ordered an enquiry by police under section 156 (3) of the CRPC and after purusing the documents and the police report dismissed the complaint. It was also noted by the JM that this was a case for civil courts and criminal courts cannot be misused for the purpose.

Now my question to the exeprts is that what other alternatives are available to the complainant after this. Can you please suggest what I should do in this matter.

Reply Follow

2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 April 2012

The complainant can still file a complaint u/s 190(i)(a) r/w 200 CrPC which the magistrate is not likely to entertain, they may also assail the order of JM before HIGH COURT u/s 482 CrPC. There is no reason for you to worry. They may also move the civil court for injucntions etc

Pushkar (DR) 10 April 2012

Thanks for your reply. Do you think I can file a criminal defamation case against the complainants in this case. Please provide some guidance as to whether such case will stand in court.