• Forgery

Forgery was committed in a property document against with a criminal complaint has been made in the police station and the investigation was in process. Also to protect the property from being sold a civil suit was filed. However now the police refuses to lodge a FIR after due investigation saying the matter is subjudice. However is important to file a criminal case in the court related to the forgery. How do I get the Police to file FIR for the forgery committed?
Asked 8 years ago in Criminal Law
Religion: Hindu

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5 Answers

Hello,

If the police is denying to register an FIR then you can prefer a complaint before the magistrate under section 156(3) of Cr.P.C.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

civil and criminal; proceedings are separate

2) if police refuse to lodge FIR file complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

1.If the police is not registering the FIR then there is other emans.

2.You can file petition u/s156(3) crpc in the court of local Magistrate to get order for registration of FIR.

3.Another option is to file writ petition against police inaction.

So meet an advocate and act accordingly.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. The mere pendency of a civil proceeding does not preclude the initiation of criminal proceedings.

2. You should move the court of competent magistrate through a petition under section 156(3) Cr.P.C for registration of FIR.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The police should be convinced that this criminal complaint is with regard to the criminal offence of forgery and has nothing to do with the civil suit which has been filed for some other purpose.

If the local police is refusing to initiate any legal action on some flimsy reasons, you may either approach the higher police officer of the district with a similar complaint seeking his/her intervention and direction to the local police or to approach the jurisdictional magistrate court with a petition under section 156 (3) cr.p.c. seeking direction to the police for initiating proper legal action on the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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