Hi, you can add the section , 406 in the same FIR as it relates to the same offence .. There is no need to lodge a another FIR ...
Can I report a crime which happened 4 years ago
Basically There are 2 questions arising from the same case. Objective : I have to recover 30 lakhs above from my Aunty (Mausi) which she has withdrawn as a nominee from my late fathers bank accounts kept for me without my knowledge & consent . Wherein I been the only legal heir in my family. So the entire objective is to put pressure on her for fast recovery. A F.I.R has been just filed this year in July through court u/s 417,471,468,420,34 against her & guardian of my property to help her. They both are now out in Anticipatory bail. They have also given wrong declaration to bank stating her as the only legal heir left. I have full information that police is hand in gloves with them to weaken the chargesheet . My Question No. 1) Now how to add Sec. 406 to my current F.I.R, or Do I need to file a separate case, If Sec. 406 will be added, Do they have to again apply for Anticipatory bail? Basically I want some more trouble in her way. Can I also file a criminal case for making a false will ( Already proven null & Void in the civil decree)? This is 1 idea to create more pressure on her for recovery . Second Idea is as below: They both have fraudulently asked me to sign some papers (POA) in Kannada launguage 4 years ago which I couldn't read, write or understand that language, On the basis of POA she was selling my property in my Native place, Later when I came to know, I have given paper publication to cancel the POA & informed the concerned Police about it, the property deal was stopped . After this my Aunty & I, Had mutually agreed to sell it & transfer the money to me. which was done in 2013 & I had received the amount of sale. I don’t have copy of POA that they had made, But I have the paper publication, Police complaint letter that was done before the sale of property. MY Question No. 2) I want to know can I know file an FIR through court for making false POA without my knowledge & consent against my Aunty happened 4 years ago (2013)? Background of the case : I already have a Decree / judgement from civil court with me , But no property to attach (movable or immovable) , therefore trying through criminal court way of pressurising . Again both the ideas are for recovering of the money ? Regards Leena
Asked 6 years ago in Criminal Law
Religion: Christian
10 Answers
Dear Client,
Instead of going in full details, i suggest u to file for succession certificate ( if Criminal cases are not delivering positive resolution of problem) and get stay against ur guardian and aunty. Nominee have no right in the property except to secure the asset to devolve in the hands of legal heir.
My Question No. 1)
Now how to add Sec. 406 to my current F.I.R, or Do I need to file a separate case, If Sec. 406 will be added, Do they have to again apply for Anticipatory bail? Basically I want some more trouble in her way. - That police will add, and if case made out u/s 406 police can arrest, ( more precisely advisable after perusal of anticipatory order. ,
Can I also file a criminal case for making a false will ( Already proven null & Void in the civil decree)? - This also depend on perusal of court order, what court find - WILL forged or improper execution. If forged than file application in court u/s 340 to refer matter to judicial magistrate for initiation of proceeding given u/s 195 Code of Civil Procedure.
You can just ask the police to add charges in the same FIR.
Also if you think that the police is in hand in gloves with the accused then you may file an application with the SP and ask for changing the IO or give the charge to some high police official.
Regards
If that happens to be a separate offence then you may go ahead and file another FIR
1. If the allegations of criminal breach of trust was already there in your complaint then police can add this section subsequently.
2.if not then you can file fresh complaint to add this section.
3. If police does not add this section you can apply to the Magistrate calling for report form IO in that regard.
4. If nothing works the court at the time of framing of charge also can add this section.
5. If they have already got bail the addition of this section may not help them further.
Hi
It would be better you file a separate case under section 406IPC , yes they will have to take bail on every added section or new case.
Yes you can file criminal complaint for creating fake Will.
Thank You
You can file a private complaint under sec 190&200crpc before the magistrate punishable under the sec 406 IPC and if you prove beyond doubt that the ingredients of section 406 IPC be proved than both your fir and your private complaint be clubbed together than she has to get a bail for 406 IPC also.if the will is not proved and become null and void than an action may taken against her under forgury and cheating as per law.
1. The ideal step would have been to lodge a police complaint against your Aunt reporting the fraud and finding no action taken by the police you should have filed a Writ Petition before the High Court against police inaction seeking justice.
2. While filing the said police complaint you should have mentioned that you have come to know about the fraud recently.
3. From the given circumstances, you can take both the steps proposed by you since your motive is to put as much pressure on your Aunt as possible with the back ground that she has no property to be attached to rapay the amounts to you.
Answering to your questions,
1. Get the bank account details ( copies of application form, nominee form, Transaction details ... etc., ) of your father by filing RTI application with the branch. These documents are important when IO filing charge sheet. ( Talk to a local lawyer on this ).
2. Since you filed PCR to get direction for police to register FIR, You have only chance to add additional charges in the charge sheet ( CrPC Sec 211 ) by approaching high court.
3. Since you mentioned that she made forgery Will, You can initiate fresh criminal case against her u/s 420,4687,468 of IPC.
4. There is no time limit in filing criminal cases. So, If you get the copy of false POA then you can initiate criminal action against her with the same police station where you filed police complaint on the restriction of sale of the property.
You may discuss with me for more information.
My Question No. 1)
Now how to add Sec. 406 to my current F.I.R, or Do I need to file a separate case, If Sec. 406 will be added, Do they have to again apply for Anticipatory bail? Basically I want some more trouble in her way.
If section 406 was not included in the FIR or in the charge sheet, then as a defacto complainant you may file a petition under section 173(8) cr.p.c. before the trial court after the police submits the charge sheet before the court for re-investigation and include the offences punishable under the said section.
If the court directs the IO to re investigate then this section may be included provided the police reports are proper.
If the section 406 not included
Can I also file a criminal case for making a false will ( Already proven null & Void in the civil decree)?
No, it is not maintainable, since the will is proved null and void.
MY Question No. 2)
I want to know can I know file an FIR through court for making false POA without my knowledge & consent against my Aunty happened 4 years ago (2013)?
Since you have already signed the power of attorney deed, you cannot claim that this was not made by you.
