Criminal Law

Can investigating officer send the document to FSL?

Can investigating officer send the document to FSL? I am 75 years Retd ISRO scientist in Hyderabad.  Seeking your advice/suggestion/consultation on a small clarification. I had bought 1 Acr land  in 1997 and got it mutated in 2019. ROR is in my name. This February, the brother of the person who sold me filed a civil case based on a False Sale agreement he claims to have been made by me to sell him the said land. Since it is a False document, I lodged a private complaint thru magistrate and he directed the Police for FIR and investigation and given a deadline of 30th Aug. After the stipulated date I contacted my lawyer to know about the outcome. He said in a very light tone  that ‘what do you have to do with the case ? it is between magistrate and police and you don’t have anything to do with it.’

My doubts : 1.    If I don’t have anything to do with it then why did the advocate advise me to go for it and charged 20K Rs for filing the case? ( No, it is not the question of money; but then what is the use of case ? ) 2.    I thought that this FIR result will find the genuine-ness  of the document. ( Being scientist I can recognise that my purported signature there is colour printed  on the document. I wanted it to be confirmed by FSL..    Mentioned clearly in my prayer to Magistrate with a statement that I will bear the expenses of FSL services ) 3.    I wanted to use this case finding for submitting in Civil case to make it null and void based on the forged document. But, as my lawyer told me ( I think it is wrong ) , this Private case will not issue me a certificate about the genuiness of document …    IS IT CORRECT ???

More importantly, he said that even if it is proven that the document is false, you can’t use this in your civil case to nullify the accusation thrust on me. How true are his statements? If I can’t use findings in civil cases then why was I advised to go for the Private case route and spend 20k INR? BTW, it seems that official charges are under 500 Rs for a private case. Thanks.

Prosecution sanctioned not in three months is it valid? 

Prosecution sanction by competent authority is granted after lapse of stipulated period mandated and specified under Section 19 of the P. C. amendment act 2018. Prosecution sanctioned not in three months is it valid?  Whether the sanction is valid or invalid.? FIR No 03/2017 dt 27.2.2017. Final report dated 13.03.2019 for sanction is received by the sanctioning Authority on 30.04.2019. Mandated and specified period (including grace period) expired on 14.08.2019.

The PSO was ordered on 19.04.2021 and a copy of the same was served to the accused on 21.06.2021. Charge sheet is filed on 22.04.2022 in court of session. Court summons served on accused on 07.06.2022. The deemed sanction expires on 30.07.2019. Time limit to file charge sheet expired on 14.08.2019 as per the SC judgement in case Subramanian Swamy vs. Dr. Manmohan Singh & Another. Whether cognizance taken by court on delayed charge? Whether the PSO is valid? The PSO not following the stipulated period is invalid?

Is there any remedy when the district level security committee has rejected my application for providing security?

I am a social worker and RTI activist. Since 2008 I have been active in seeking information pertaining to public importance. Many people have enmity because I have stopped their illegal business. They have threatened me to face dire consequences. Therefore, I have applied for security from the state government. The district level security committee has rejected my application. Is there any remedy when the district level security committee has rejected my application for providing security? Because I am still facing life threatening calls from these people. My advocate files an appeal before the division level committee but it is also dismissed. I want to challenge it in the High Court. Can I get any relief?

Case filed based on False Sale Agreement 

,

I am 74 yrs old so don’t want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document. 

Bought 1 acr land in 1995. Got it mutated in 2019. During mutation son of seller raised objection claiming that it is ancestral property so should not be Mutated.  Revenue officer overruled and granted the ROR in my name.  This is 2019. Now, the same person has filed a false claim that: “ we had entered an agreement in 2018 that I will sell him the land for 8 lakhs and I accepted 5 lacs that time but I have not finished the deed for the last 4 years. So he is compelled to publish a  paper ad warning the public to not buy the land.” 

He filed a civil suit and requested the court for status quo on property. Summons not received. So right now status quo is in force. Case came for 1st hearing on 7th June but that day only Vakalat was filed and now next hearing is in September but the agenda is WS. 

Since it is a false document, its examination will immediately prove that the case need not be continued. ( I have a copy of the document from which he photocopied the signature. He is dumb so copied a couple of my hand written lines also along with signature.  So actually it should be a Open and Shut case) Seeking your advice ( More on court procedures ) to quickly finish the case  if any way is possible in your view. 

Can I request court before the next hearing that the case is based on False document so it should be sent to Forensics. If it is not possible then can it be stated in WS in the next hearing?  Will the court read WS that time or will it read during 3rd hearing only and THEN it will be sent for FSL? My case alone is scheduled for next hearing after 3 months but all cases on that day were placed within 45 days so some foul play seems to be there to extend the case beyond my lifetime if possible. Dates are allotted by court or a babu in the court office? 

To hasten the case , would it be wise to file a criminal private case with the Magistrate for forgery and  contempt for misleading the court based on forged documents? Will the Magistrate dismiss the appeal straightaway saying that a civil case is already on? Police refused to accept the FIR of forgery so I have sent a petition to DSP to look into it. Because it is a false case I do not want to go in for a compromise to settle it fast. 

Do you have any other way for a quick turnaround? Do you have any views on how to hasten the court decision? Generally how much time will such a  case drag?.

Legal action against the authority for holding an inquiry against a person for sexual harassment 

,

One of my male faculty and his lady student developed a friendly relation and exchanged WhatApp chat for the last one year on all issues, decent/indecent, appropriate/inappropriate everything. She shares her family picture and one or two DPs on demand.  The girl student (adult) never raised any objection to any messages of the faculty, never blocked his cell no and never complained to the highest authority of the college and always reciprocated. 

Always praised him as a good professor, good person in an open forum in presence of other faculty. Even on New Year and on festive occasions wished him with good health, happiness and prosperity. Last one year was pandemic time and all exams of the university were held in offline mode. She did not face any problem to pass the exams. Now the university decided to take the exam in offline mode and from then on this particular lady started using bad mouthing against the professor. 

Professor blocked her WhatApp account in his cell. Thereby this lady student placed a complaint before the highest authority of the university along with screenshots of several exchanges. In her complaint she categorically mentioned that as she denied proposals of the concerned faculty so HE blocked her account and therefore she is not getting any help from him in studies. She prayed to replace the faculty from the particular subject. 

Although in her complaint she never mentioned the word HARASSMENT or SEXUAL HARASSMENT. On receipt of the complaint Secretary of my college (Administrative head) referred the matter to “Sexual harassment enquiry committee (ICC)” of the college and presiding officer of the committee called both the professor and the student in a committee meeting hurriedly arranged without giving official notice. 

Professor was neither called officially to appear before the committee members nor given any charge sheet.  Copies of screenshots were distributed, by the presiding officer, to committee members through WhatApp (most probably as per instruction of the Secretary). As a result all these went viral. Further the Secretary conducted several close door meetings on the issue with many non-committee members and thereby there is now full Breach of Security to sensitive information. 

The concerned faculty and the student both appeared before the committee. But the professor was not allowed to cross examine the lady student. After “ICC” Secretary of the institute from the concerned committee member and is now giving tremendous pressure to all to write the minutes of the meeting in such a way so that the concerned faculty could be defamed with sexual harassment. 

Although in meeting the concerned student categorically mentioned that she never put any sexual harassment complaint. I, as Academic Head, immediately replaced the faculty from assignments of the class where this lady is a student. My question is 1)   Are there any remedies for the professor? 2) What action could be taken against the Secretary & Presiding officer for facilitating Breach of security of sensitive information?

How to file a complaint under section 200 crpc?

A person aggrieved of an offence can move a complaint to the Magistrate under Section 200 of the Code of Criminal Procedure. In the AIIMS Employees’ Union vs Union of India (1996) 11 SCC 582 the Supreme Court has held that:  If the officer in...

Transfer cheque bounce case to my current place of living

I want to transfer cheque bounce case to my current place of living. I took a personal loan from Kotak Mahindra Bank for 4 lacs and had been paying EMI for up to 19 months and due to COVID and loss of job. After the moratorium, I am not able to pay my emi. But the bank bounced my cheque for the whole loan amount and filed 138 in Gujarat Ahmedabad.

I’m living in Tamil Nadu. The bank had processed the loan in Chennai. But they intentionally filed the case in Gujarat and harrassing me to repay the whole amount. The loan itself is an unsecured loan and loan tenure is upto 2024. My outstanding due is around 2 lacs but they bounced the cheque for the whole amount. 

They had collected my cheque for loan process and EMI before actual payment of loan amount. Please advise me in this regard sir. How to deal with this issue. Can I file any petition in Madras High court to change the case from Gujarat to my native or any way to deal with this.

My brother-in-law’s wife is frequently threatening my mothers in-law: What should I do?

My brother-in-law’s wife is frequently threatening my mothers in-law that she would make a complaint to the police that she (my mother in law ) is harassing her (my brother in law’s wife) and threaten to put her behind the bar. My mother in law’s age is 72, and my father in law is 89 years. They are both feeling threatened. I am the son-in-law. My in law stays at Asansol in west Bengal, I am staying at Noida. What to do in such a situation? Should we make a complaint to the local police? My brother in law is protesting against his wife but is not able to do anything.

How to lodge FIR in loss of mobile phone?

I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it’s switched off by someone. I went to the local police station and then insisted on writing a general diary. And since then they are not at all interested to hear my case. My questions are :- 1.  Can I still file a FIR for the same (which I came to know from a friend later on)? 2. Can I file a FIR through Court? 3. Can I get permission from court to obtain incoming calls on my number? 

Can I file FIR against husband in delhi for bigamy?

Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I file FIR against husband in Delhi for bigamy? He is an Indian National and holds Indian Passport.