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Manoj (Manager)     10 July 2012

Where to file a complaint of offence forged evidence?

Sir,

we are resident of maharashtra. Plantiff had filed a suit against my father and claiming that the house we are residing in is purchased by him. Our house no belongs 164. He has produced a sale deed of house no 166 and a form 8 of house no 166 signed by the Gramsevak.  In actual he took the Form 8 of House no 164 from Gramsevak and forged this 164 as 166 keeping rest content same. So now this forged docuement read the house no as 166 but rest all content belongs to that of 164 i.e. our house descripttion.

This forged deocument he produced in CJJD. During the proceeding my father bring it to the notice of Judge, but it is not recorded and the document is treated as house no 166. Consequently we are not able to prove 166 as ours and he has sale deed of 166 the court ordered us to give the house no 166 back to him. Even though in reality 164 is with us and 166 is with somebody else.

Then my father appealed it in district court. But court order is same. The judgement was passed in last month and all the file is with district court. Now we are in dillemma what to do?

We are now taking it to High court as second appeal?

Meanwhile we are thinking to file a complaint for this forgery. So in this regard we have many questions?

1) Shall we file the complaint to CJJD where the forged document was produced? or distrct where the docuement is in custody at the moment or to High court where we filing the second appeal?

2) Will it be simple private complaint or Petition under crpc 340?

3) If it petition under crpc 340, what are the documents need to be attached?

Kindly guide.

 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 July 2012

Simple. You prove the evidence that the house belongs no.164. Substantial i.e. document evidence to be proved in the II apeal

1 Like

Manoj (Manager)     11 July 2012

Thanks for your reply sir.  We have already submitted the Form 8 for house no 164 and 166 for 2008 (case year) and for 1989 (sale deed year).  All are exhibited. Surprisingly judgement reads that we have submitted irrelevent evidences.

Even if we read the all the exhibits attached with the paper book, we can clearly find that there are two contradicting form 8 for house no 166.  We talked to concern Gramsevak and BDO to give a detailed letter in this regard but they are refusing to give any paper except the form 8. They are telling that when court will order they will be present in court, otherwise not.

Gramsevak and BDO are telling that we need not to worry as the claim is for house no 166, and house no 166 belongs to somebody else, and the real owner of 166 will object it during the execution phase.

But we are still afraid because he is claiming for house no 166 but gives rest of descripttion of house 164.

ravindra (Analyst)     11 July 2012

If u wants to give complaint then u can give to the same magistrate where ur case is panding

Manoj (Manager)     11 July 2012

Sir thanks. Our first appeal is resulted at district court in last month and now the order is stayed temporarily until 20 July.  So in such case will complaint under 340 will be filed at distrcit court or CJJD court where the original suit started.?


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