Legal Question in Criminal Law in India

Hi,

There is a new development in the query I had already posted.

I had posted this earlier that my brother had filed a complaint in Jan 2012 first to police alleging that I had registered land using a forged POA in 1999. No FIR was registered and the police mentioned his complaint as doubtful in their report and did not register FIR. The complainant then filed an application under 156 (3) of crpc in the court of the judicial magistrate class 1 who dismissed the complaint after perusing the documents and mentioned in the order that this matter is purely of civil nature and that the criminal courts cannot be misused for such cases.

My question is that can a SP assign a CID inspector to investigate a matter on which the court has already pronounced an order or the only remedy for the complainant is sessions or high court. I am a bit worried that the police may unduly harrass me.


Asked on 5/21/12, 7:39 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.05.2012

Dear Sir / Madam,

Investigation for fogery of documents comes within the purview of the Police Department. It is well within the right of the Superintendent of Police to assign a CID and to conduct an independent investigation in the matter.

The Courts are beginning to realize that there are too many possibilities of malpractices for sale on the basis of a sole Power of Attorney document, which will not be recognized as valid in the near future. Both, the seller and the buyer would have to possess a valid Agreement for Sale, pay the prevailing Stamp Duty thereon and get it registered, and sign before the District Collector of having conveyed the property.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/21/12, 10:23 pm
Shrichand Nahar S.V.Nahar, Advocate

Both may be possible.

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Answered on 6/07/12, 12:10 am


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