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How does court take cognizance of forgery
25-Mar-2023 (In Civil Law)
1. In a civil suit certain forged docs came to light during evidence. I was advised to file police complaint. Police didn't investigate and closed the case on the pretext that matter is in court. The complaint was filed with COP and this background was clearly highlighted. 2. Defendants have also filed a succession case through a forged will bearing signatures of the sisters which they (sisters) say were not aware of, however are reluctant to come to the court. Please advise, how will the law take cognizance of the forgery?
You can always file a protest petition against the closure report of police. Besides you are telling that defendants have filed a succession case through a forged will bearing signatures of the sisters which they were not aware of. I wish to inform you that after the evidence is over, you will have an upper hand in this case as you yourself has stated in this question that sisters are reluctant to come to court. If the signatures are not proved to be genuine during the stage of evidence then the validity of will will be questioned and ultimately it will be declared to be forged and fabricated document. You can also file a case against defendants for fabricating false evidence.
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Adv. Anupam Kirti
Delhi | 100+ Answers
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In order to take cognizance of the forgery , first we need to file a police compliant that you have already done so the next step is to file a criminal case in the Court of Law i.e. Complaint U/S 156(3) CR.PC . In 156(3) you need to file a complaint directly in the court as per the jurisdiction along with the false documents that are filed in civil suit along with the police complaint that you made regarding the false documents. the Court will give directions to inquire the matter and will lodge the FIR accordingly.
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Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
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