• Second complaint after withdrawing application under Sec 156(3) r/w CrPC 200 on personal ground

I had filed criminal complaint u/s 156(3) r/w sec 200 crpc. Police filed negative ATR . it was about submission of forged will in NCLT by my brothers.. I submitted written arguments for dismissing this ATR. IO was continously absenting and long dates were given by court. 
Meanwhile I tried to patch up and they put condition that i had to withdraw criminal complaint first and then on relinqueshment of properties , certain amount will be paid.This amount was agreed.
They sent blank email with draft family settlement. No sign or agreement or MOU was entered.
Based on this I withdrew my complaint citing Personal Grounds as reason. Judge passed order for disposal of case stating I withdrew and consigned file to record room.

After this my brothers backed out and started telling me keep on fighting civil / probate/partition case in Alwar for decades.
My present lawyer has told earlier and now too that since Criminal complaint has been withdrawn , it is not maintanable if i file it again. 
Can I file 156(3) complaint again Or 200 CrPC private complaint.
I can give reference / copy of that draft agreement ... under affidavit ....
Also the Will submitted earlier mentioned just shares worth under 10 lacs.
Now I have got property papers of house worth crore and Partnership Capital account worth over 1 crore in name of my deceased father. 
I can claim Partnership firms accounts were fraudulently taken over by remaining partners....
Can I use this additional information stating this forged Will was made with sole purpose of defeating my case at NCLT and additional evidence produced by me proves beyond doubt that will is forged. Evidence earlier I submitted was Document examiner report which said signatures are forged.

Kindly advise me whether:
1. Second criminal complaint is maintainable under given circumstances or not.
2. whether I should go for 156(3) complaint read with Crpc200 or
crpc 200 with 156(3)
or
crpc 200 just private complaint.... 

Kindly advise me Course of Criminal action which I can take now under such circumstances...
Asked 4 months ago in Criminal Law from West Delhi, Delhi
Religion: Hindu

You have already accepted police closer report by withdrawing your protest petition. Now no fresh complaint can be filed. Approach High Court for restitution of protest petition. Hope you have proof of communication where brother agreed to settlement in lieu of withdrawal of criminal case .

Legal heir of deceased partner has right to access accounts of firm and replacement as partner. Private examiner report not reliable in court, Should have send it for FSL or police done FSL while investigation ?

 

Kindly advise me whether:

1. Second criminal complaint is maintainable under given circumstances or not. -- No only restoration of previous one.


2. whether I should go for 156(3) complaint read with Crpc200 or crpc 200 with 156(3)

or crpc 200 just private complaint....

BIG NO. 


Action taken report ? that what you meant ?

Still your brief is not clear.

has court taken self cognizance or sent for registration of FIR ? OR magistrate directed to the Police to give a report to the Court within thirty days under Section 202  ?

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

Dear sir, 

reading your query what i am able to perceive from the current situation is;

1) You can file a criminal complaint on new grounds which have been raised and since its a criminal complaint, principle of res judicata will not apply on this complaint and it will be maintainable. so, the second criminal complaint is maintainable but will be in need to be drafted cautiously.

2) you should go for a complaint to the magistrate u/s 200 crpc. it wil be a better thing as police action will not be required in it. it will be a judicial inquiry.

hopes that solves your query.

you can contact me for consultation, if any.

regards, 

YUGANSHU SHARMA

ADVOCATE

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
127 Answers
1 Consultation

5.0 on 5.0

Hello,

You can always lodge a second FIR given the situation has changed.

Regards

Swarupananda Neogi
Advocate, Kolkata
1057 Answers
2 Consultations

4.8 on 5.0

file suit for partition for division of property by metes and bounds

 

2) seek injunction restraining sale of property by your siblings 

 

3) since you have with drawn your earlier complaint fresh complaint would not be maintainable 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

1. the second complaint is not maintainable however you can apply for restoration of the same

2. file a new complaint under section 156(3) read with 200

as new facts have revealed you are advised to file a fresh complaint

Suneel Moudgil
Advocate, Panipat
1142 Answers
1 Consultation

4.3 on 5.0

Hi,

You are suggested to file police complaints with additional allegations of cheating, black mailing against brothers. If no FIR is done by police, then go for 156(3) and in addition, you are also suggested to file other civil cases as well.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

Yes second complaint is maintainable if you haven't withdrawn it in form of settlement. 

You go for 156(3)  crpc orders as it includes arrest 

Prashant Nayak
Advocate, Mumbai
12902 Answers
23 Consultations

4.6 on 5.0

1. You are wrongly advised. You can file the criminal case afresh and there is no legal bar to file it again if you had withdrawn it earlier before trial.

2. Yes file a fresh petition u/s 156(3) crpc r/w 200 crpc.

3. Depending upon the circumstances and status you have the option of filing multiple cases which I due to lack of information can not advise further.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

The criminal complaint ion the same grounds while the previous complaint was withdrawn, may not be maintainable.

Not even the private complaint would be maintainable since you have withdrawn the previous complaint which was filed for the same reason and same cause of action.

You can file a partition suit claiming partition of the properties as well the company's share.

Let them produce the Will before the court, since you have evidence that this has been forged, you can nullify the same before court of law.

You fight the civil case for partition either through NCLT or civil court.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

your second complaint is not maintainable, you can file partition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

Dear Client 

  1. Yes the second complaint is maintenable under new circumstances and also There is new ground of criminal Breach of Trust and forcing you to back out by presenting false draft on Email. 
  2. You should Go with Section 156(3) with section 200

Mohit Kapoor
Advocate, Rohtak
3564 Answers
1 Consultation

5.0 on 5.0

Dear Sir,

 

1) You can certainly file a second criminal complaint only if there is a discovery of new fact after disposal of the 1st criminal Complaint.

 

2) You always file a Criminal Complaint under S. 200 r/w 156 (3), wherein the Magistrate directs the Police Authorities to take action and register an FIR. 

 

NOTE: Before filing a private complaint before Police, do file a complaint to the Police Station of your jurisdiction.

 

Regards,

BEST!

Kajal Bhatia
Advocate, Delhi
22 Answers

Not rated

  1. As per the information mentioned in the present query, makes it clear that you wish to file the second case on the same ground wherein you have already withdraw one.
  2. This is not maintainable before the court of law, but yes you have other option also.
  3. Though they sent you the draft only but not duly signed or executed, then also it makes sense that they agreed for the same.
  4. You should file a suit for the compliance of the draft of settlement. You would surely get your relief as expected by you from the court of law.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

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