Forgery case- permanent injunction- FIR-Police not taking complaint
04-Dec-2023 (In Property Law)
In year 2007 we won a case and a permanent injunction was granted to us in city civil courtBangalore. After this in yr 2009 the opposite party has registered our property also in favour of his brother .Next in yr 2017 opp part brother has put case on us stating the property belongs to him . And he has given a Police complaint stating that we have forged the sign and have acquired his property . And the case is registered in magistrate court and criminal court . So my Question is complaint in police station was given on 2/aug/17 and in court case was registered on 4/Aug/17.IF the case as to registered means .....then FIR as to be filed ....without enquiring both the parties how the FIR can br registered and case can be put in court .We got intimate about this on 1/Dec/17. From 4months ...we are getting notice now ...and still now ..we dint knew the case registered against us . Wen we gv return complaint to that notice ,the police SI dint take it ....So wat action to be taken ?? Against
An decree of Injunction does not mean that you are the owner of the property. An injunction is granted based on the assumption that you are in possession of the property, and the defendant is trying to dispossess you from the property.
As to how the opposite party registered the property claiming that the property is his is unclear, and cannot be commented upon without looking at the documents.
Finally, it appears that a Private Complaint has been filed against you at the Magistrate Court under Section 200 Cr.P.C., and the Court has directed the jurisdictional police to investigate into the matter and revert with a report. Police does not normally register an FIR based only the complaint that has been referred by the Court, unless the complainant therein has given compelling proof requiring the FIR to be registered. Also, a mere registration of FIR does not mean that the Police has found compelling proof against you to be prosecuted. I recommend that you speak to a lawyer, if you have not already, right away to get to the bottom of this.
As to how the opposite party registered the property claiming that the property is his is unclear, and cannot be commented upon without looking at the documents.
Finally, it appears that a Private Complaint has been filed against you at the Magistrate Court under Section 200 Cr.P.C., and the Court has directed the jurisdictional police to investigate into the matter and revert with a report. Police does not normally register an FIR based only the complaint that has been referred by the Court, unless the complainant therein has given compelling proof requiring the FIR to be registered. Also, a mere registration of FIR does not mean that the Police has found compelling proof against you to be prosecuted. I recommend that you speak to a lawyer, if you have not already, right away to get to the bottom of this.
Hello,
After you had obtained decree of injunction in your favour you should have intimated the same by giving a copy to the sub registrar. He has again sold the property by forgery in 2009 and till this year you are not aware of it?? You will have to convince the court on this point. You should regularly take encumbrance certificate to ensure there s no such forged transaction. Once fir s logded police will have to conduct investigation and then prepare charge sheet and produce before court. If you are not been convinced with any of these procedures then you can take those contention in the criminal case.
After you had obtained decree of injunction in your favour you should have intimated the same by giving a copy to the sub registrar. He has again sold the property by forgery in 2009 and till this year you are not aware of it?? You will have to convince the court on this point. You should regularly take encumbrance certificate to ensure there s no such forged transaction. Once fir s logded police will have to conduct investigation and then prepare charge sheet and produce before court. If you are not been convinced with any of these procedures then you can take those contention in the criminal case.
Firslty if your have won the case and if there is permanent injunction how the alienation of property has took place for which your have to ventilate your grievance by filing civilil suit for declaration against your opposite party and his brother. The new buyer filing a case against you for forgery probably he would have filed PCR before the magistrate under section 200 of crpc and later the said PCR would have got converted to CC and the notice/summons from the court would have got issued against you. pls represent before the magistrate and file your statement of objections for the complaint by filing the decree of civil court and pls address the matter is civil in nature and further the complainant has made the forgery in alienation of property.
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