• ABA, forensic, RTI, and more

A legal FIR case has been filed in Pune against my brother & mother for creating forged documents like POA, Affidavits and opening 35 Demat -Bank accountsin my name. Their ABA has been rejected at the District Court and the case is pending at the Bombay High Court for ABA for last 1.5 years. The lazy IO is not doing his job and Forensic Reports for signature match from 3 authorised agencies including State CID Report have shown that the sign does not belong to me. Also, I have filed a partition civil suit for my share in my father’s property

1.Since all reports show that the forged signature is not mine, shouldn’t the IO be calling the bankers, notary and lawyers for a statement who were involved in creating these documents? 1a. Haven’t their names also to be included in the accused list in the FIR or High Court ABA? 
1b.Can I write to the Bank CEO or Branch Mngrs asking for a verification about the forged signature and expect them to reply to me? 
1c.How and how much can I pressurise the bank so that they get behind my brother?

2.The Police other day said about filing the chargesheet even if the ABA is going in the high court and my lawyer at the high court said it is fine and that we can still fight our ABA rejection case. However I have been told that after a chargesheet is filed it makes no sense for ABA rejection. Please advice pros-cons given my FIR is of Sept 2017 and the ABA in HC is pending since 1.5 years.

3.I need the old income tax papers to get an idea of actual accounts. However I have been told by the police that the I.T people have said they don’t have any old documents since1999. Any idea when the income tax documentation became digital? How can I get my old tax papers and also of my family members?

4.The new IO is not co-operating is showing any investigation done by him inspite of giving him 6 written requests. Also he says he can’t give/ show me any documents under RTI given the case hasn’t be closed yet.My brother has already taken docs via RTI from the complain date till the FIR date. Check https://www.moneylife.in/article/maharashtra-facilitates-inspection-of-files-here-is-how-to-do-file-inspection-under-rti/55946.html

5. Since the state CID Forensic Report has come to the IO, should I ask my lawyer to ask the court to pass orders to the IO to file this report at the Bombay HC or ask my brother for disclosure of accounts?

6.The injunction on properties via civil partition suit at the lower court got rejected with all points by the judge in favour of my brother? Do you think I should file for injunction at the HC now or wait till ABA result? Can someone let me know the no. of days does it take get an injunction order passed? Pl. advice usual charges of good lawyer with 15+ yrs experience?
Asked 1 month ago in Criminal Law from Pune, Maharashtra
Religion: Hindu

file appeal against order in HC 

 

2) no need to wait for ABA result

 

3) it may take more than a month to get injunction order

 

4) legal fees vary depending upon lawyer engaged by you 

 

5) on next date of hearing in bombay high court request court to issue direction to state to file forensic report 

 

6) request  court to direct state to file affidavit of investigations done till date 

 

7) if IT does not have records prior to 1999 you would not be able to obtain those documents 

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

Better file application in court to call progress report, more pressure on IO. Bank can only do internal inquiry, not binding on criminal investigation.

I T depertmetn must have hard copies of pre digitalization. Apply under RTI.

No such bar, complainant case ask for case dairy during investigation. High court has power to direct speedy investigation not trial court.

Against rejection order, file revision or appeal. What is the use to proceed agasint ABA, pending since 1.5 year, no arrest effected. Now even trail court will grant regular bail.

Yogendra Singh Rajawat
Advocate, Jaipur
14668 Answers
19 Consultations

4.6 on 5.0

If your case is not  moving  because of the investigating officer is not filing till investigating report in the court the only option available to you at this point of time to move to the high court in form of mandamus writ petition to get the order for the police to complete the investigation as soon as possible however is not that the court cannot interfere in the investigation process however they can order speed of the castigation and submit the charge sheet for final report as the case may be to the court for further orders

Vimlesh Prasad Mishra
Advocate, Lucknow
5713 Answers
19 Consultations

4.9 on 5.0

1. Yes io has to investigate and find out the same

Bank may not reply you but you can try. 

2. After charge sheet generally aba becomes infructous and you need to take regular bail from trial court. 

3. Through RTI

5.Yes HC can give directions

6. You can file injunction in higher court before ABA

Prashant Nayak
Advocate, Mumbai
14605 Answers
25 Consultations

4.6 on 5.0

you may move an application for the monitoring of the investigation before the concerned magistrate or the circumstances so need, a writ petition before Honourable High Court may be preferred.

 

Mohammed Mujeeb
Advocate, Hyderabad
11801 Answers
4 Consultations

4.5 on 5.0

1.  The IO will function i his own style and you cannot do anything about it becasue he may put blame on his work pressure and escape the questions.

1a. Unless there is a complaint agaisnt them they cannot be included in the FIR, the IO has to conduct the investigation properly and give his report about their involvement after which the court may pass orders to implead them also in the case.

1b. Your letter may not entertained by them especially when the matter is taking a legal shape.

1c. The bank will not yield to your pressures.

 

2. Actually you can withdraw the AB application from high court and apply for bail in the trial court itself since the police have not filed the charge sheet within the stipulated time.

3. You can file an application under RTI to the income tax department and get their reply in this regard otherwise wait for the trial to begin after which you can file a petition before court seeking direction to the income tax department to produce the desired document.

 

4. The IO may refuse to divulge the details of investigation during the period of investigation and he may even refuse to furnish the information through RTI act also during the pendency of investigation.

 

5. Without the beginning of trial your lawyer cannot file any such petition before the court.

6. If the injunction application has been dismissed by the trial court then you may have to file a revision before high court and not that you can file an injunction application again before high court.

 

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

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