• Forgery and cheating

Hi,
I have filed a FIR through online portal in jharkhand. After that police has called me and i submitted all documents related to fraudulently executed Sale deed and documents with fake signature forensic lab legal report to Thana in-change. Thana in-change also called the opposition party and told them to submit document. After that police told me that they will give declaration in bond paper that they will never disturb me in present or future but i denied and wanted criminal procedding.

Now i came to know that FIR has been registered with some number given and Police has forwarded the FIR copy to SDM and parallely police is also investigating.

Question:

1. Is my FIR moving in right direction ?
2. Is SDM capable to take on criminal case and why police gave the FIR copy and documents to SDM.
3. within how many days police will submit charge sheet in criminal court.
3. Opposition party putting pressure on police that this case is civil in nature, so put this case on civil court.
4. what to do if police will not act strong and not mention 467 and 468 in charge sheet as fraudulently sale deed executed on my high value property.
Asked 10 months ago in Criminal Law from Raipur, Chhattisgarh
Religion: Hindu

This is civil nature case and 467 468 ipc are not attracted. But there is a natural justice in this if u provE defintly the court will Accept this as criminal case.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
7 Consultations

4.0 on 5.0

SDM is provided all the documents as this is sale deed related and police is investigation matter as it is registered online and we file charge sheet accordingly as there is no arrest so 90 days compulsion is not there.

Vimlesh Prasad Mishra
Advocate, Lucknow
4900 Answers
12 Consultations

4.9 on 5.0

Dear Client,

It is inherent right of complainant to receive copy of registered FIR, after filling FIR, police will investigate than submit report in court than court will proceed trail.

I think police has not registered FIR for cheating but merely of some minute offense trialble by SMD. (sec 133,145, 151 IPC)

Otherwise, criminal cases are trial by judicial magistrate.

File protest petition if police not included sections of forgery.

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

Hello,

Please find quick reply below, rest we can have detail talk over phone:

1. Is my FIR moving in right direction?

After filing of a FIR, police starts an investigation. Once the investigation has been concluded the police will record all their findings in a ‘Challan’ or charge sheet. Usually, they take from few weeks to max 2 months. If it is deemed that there is enough proof on the charge sheet the case goes to court.

On the flipside, after their investigations, if the police conclude that there is not enough evidence or proof that a crime has been committed they can close the case after justifying their reasons in court. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.

2. Is SDM capable to take on criminal case and why police gave the FIR copy and documents to SDM.

- Yes, police can give to him if the police station comes under his area. He enjoys wide powers but as a role of executive and magistrate. The matters escalate from here to the district judge and he does not has power to review his order.

3. within how many days police will submit charge sheet in criminal court.

- within 60 days

3. Opposition party putting pressure on police that this case is civil in nature, so put this case on civil court.

- you can move directly to the district judge.

4. what to do if police will not act strong and not mention 467 and 468 in charge sheet as fraudulently sale deed executed on my high value property.

- you can move directly to court and include all this. File a written complaint as well to the police station mentioning all these facts and keep a copy with you. Mark "received".

Thank you and feel free to reach me to discuss in detail.

Avish Sharma
Advocate, New Delhi
13 Answers

5.0 on 5.0

1) once FIR is filed police would carry out investigations and submit charge sheet to court

2) police would take around 3 months or so to file charge sheet

3) if police do not carry out investigations you can apply to magistrate and seek further investigations

Ajay Sethi
Advocate, Mumbai
61329 Answers
3722 Consultations

5.0 on 5.0

1. Yes, your FIR is moving in the right direction as investigation on your information has started.

2. The police may have given the papers and FIR to the SDM for the reason that they can get clarity over the title on the land and subsequent forgery and fraud on the said land. Or alternatively they may have send the FIR and documents to SDM because may a civil case triable by SDM.is made out in their opinion.

3. There is no time frame given in the statue to file a charge sheet in the court. Once investigation is complete by the police final report will ve submitted in the court for proper action.

4.as you have mentioned that forgery has happened and you have the proof. Therefore it is a case falling under 467, 468 and 420.

5. If the police does Not mention 467, 468 according to the investigation conducted by them, and you have strong documentary proof which proves otherwise, in that case you can press strongly in the court and you can also show the documents to.the court, upon seeing which the court may order further investigation.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

Sir, When FIR are filed by the police then it has to be submitted to the trail court for proceedings. SDM have no role to play in this matter because already FI R are filed and detail about the accused person have been written with IPCsection for cheating, forgery, criminal breach of trust, I. e 420, 464 &405. As ‘this is criminal case. Charge Sheet can be filed in court it depends as their is no time limit. Thanks.

Sharad K Rikhra
Advocate, Mumbai
7 Answers

Not rated

You can file private complaint before the magistrate and you can file protest petition in police case if police close your case

Konda Srinivas
Advocate, Hyderabad
208 Answers
1 Consultation

Not rated

1. Yes if FIR number is registered and police is investigating then the FIR is in right direction the police shall produce the report to the court concerned.

2. As it concern the land and revenue that is why police sent the copy to SDM.

3. See there is no fix time for filing charge sheet police on completion on investigation shall submit charge sheet.

3. See once the FIR is registered and signature are false and fraud and cheating is there then police now has no power to cancel the FIR further forgery fraud is no civil offence.

4. You can seek re-investigation from the trial court praying to add the section further if trial court refuse direction from high court can be taken.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

1. AFTER filing FIR, Police would need permission to investigate and file charge-sheet. AFTER SDM gives permission, charge sheet would have to be filed within one years time.

2. Criminal case of fraud documents CANNOT be filed in Civil Court, more specifically because of the documents & reports you have provided.

3. IF the Police does not file Charge-Sheet in Criminal court, THEN you can file Private Criminal Complaint in local magistrates court under section 156(3) of Cr.P.C.. The Magistrate will issue directions to the local SP /Commissioner, for investigation & filing Charge Sheet.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1813 Answers
10 Consultations

5.0 on 5.0

1. Once the FIR is lodged, the Police will investigate the matter. Get hold of the FIR copy and peruse the same first. Note the case crime number and the FIR number.

2. May be they are collecting the evidence on the basis of which they will prepare the chargesheet.

3. It is not prescribed anywhere. There's no time limit.

4. If there's a forgery angle involved, this undoubtedly has a criminal nature.

5. First see if 467 and 468 have been invoked in the FIR or not.

Vibhanshu Srivastava
Advocate, New Delhi
8222 Answers
118 Consultations

5.0 on 5.0

Hi

1) The police have done the right thing, by filing the FIR and also forwarding the same to the Magistrate for Magistrate to take cognizance of the offence. From now on it is a police case based on FIR Registered u/s154 Cr.p.c

2) So in such instances, as per procedure, magistrate will issue orders for investigation and the case will be numbered as CC . So police cannot close the FIR without court permission.

3) Since it is a case of fraudulent sale deed and documents with fake signature, the magistrate will definitely take cognizance of the complaint and police will file the charge sheet within 60 days from the date of filing in court.

4) Though the Opposite side might try to color the whole case as a civil dispute, it is in your interest to establish fraudulent transaction and retain the case at CRIMINAL COURT.

5) Police will file 420, 467 and 468 IPC charges only in such transactions as the value of the fraud is higher and the intention is to dispossess a man of his property by fraudulent means.

6) If police do not mention 420, 467 etc in the charge sheet, you as a victim can always file a petition in the court and courts have ample powers to alter the sections in charge sheet vide section 216 Cr.p.c.

7) Please also note that mere filing of criminal complaint will not be sufficient as in criminal complaint, the accused will go to jail .

8) In order to ensure 100% fool proof title to your property, You will also have to file a case in civil court for cancellation of fraudulent sale deed and recover costs of litigation from opposite party

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
1615 Answers
255 Consultations

5.0 on 5.0

Approach to the SP./DSP The SP/DSP or Higher Authority may either investigate the offence himself or direct any other police officer to investigate the offence instead. You are already done with this step.

Yet if, police refuse to take action,or no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C..

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

1. If the police registered the FIR on the basis of complaint, then you need not be bothered about it henceforth.

2. The police should have submitted the FIR to the judicial magistrate court only and not to the SDM.

3. It is not known if the police will submit charge sheet to the criminal court since they approached SDM already in this regard, confirm this from local sources.

4. You can seek for re-investigation once the charge sheet is filed.

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

1.-registration of fir is the first step towards initiation of criminal prosecution

2.police must have sought opinion from sdm to test the genuineness and veracity of the documents since sdm is the most important officer of the revenue department.in revenue matters his opinion carries weight.

3.there is no maximum period prescribed for filing of chargesheet..however once the accused is arrested chargesheet must be filed within 60 days if offences punishable with 10 years if offences carries sentences more than 10 years chargesheet must be within 90 days of arrest of accused..if matter is not investigated by police for indefinite period of time then writ jurisdiction of high court can be invoked for fair time bound completion of investigation.

3.if police files khatma/closure report for no offence made out then you have remedy of filing a criminal complaint case directly before concerned magistrate

4 if police does not invoke stricter section in chargesheet you can argue for stricter charges before magistrate at the time of framing of charges

Sushobhit Singh
Advocate, Bilaspur
1 Answer

Not rated

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer