• No punishment for FSL proven forgery?

I have clear titled property. 
Someone filed a civil suite against me using my forged sign on a fully false 'Agreement to sale' stating that I am not executing it.
I filed a criminal case FIR under 420,468,469,471 etc for inspection of document. Police got FSL certificate that the document is forged.
Now, police says that , forgery is bailable and there is a directive from SC that arrest and custody should be minimal to avoid govt expenses on detainees. So we called him and warned him and let go.
Does that mean one can do forgery and go scot free with just a warning?
Asked 7 months ago in Criminal Law
Religion: Hindu

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9 Answers

- These offences are non-bailable and triable by a Magistrate of the First Class., and the term of punishment includes imprisonment which may also be extended to 3 to 7 years, or with fine or with both.

- Since , the FSL report showing that the documents is forged , and hence the police cannot refuse to lodge an FIR 

- Further, if there is already FIR lodged against the culprits , then you can file an application before the court for knowing the status of the case. 

- Further , if no FIR lodged , then you can approach the judicial magistrate court under section 200 read with section 156(3)CrPc 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

it does not mean that you can go scot free

 

you are prosecuted and if found guilty sentenced to jail 

 

however litigation is long drawn process 

Ajay Sethi
Advocate, Mumbai
94782 Answers
7547 Consultations

5.0 on 5.0

We can for Pvt complaint through court and FIR will b filed , accused will b punished 

B. Shashikanth Naidu
Advocate, Hyderabad
3 Answers

Not rated

civil and criminal proceedings are completely separate 

 

2) n criminal cases, the state must prove the allegations beyond a reasonable doubt; meanwhile, in civil matters, the plaintiff needs only to prove the necessary elements through a preponderance of the evidence.

Ajay Sethi
Advocate, Mumbai
94782 Answers
7547 Consultations

5.0 on 5.0

No, if police file closer report, file protest petition. Its non bailable offence. 

application for Prosecution for contempt of lawful authority of public servants, for offences against public justice.

result from Criminal case can't be used in Civil case - Wrong

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

- Yes, he is right that the result of a criminal case cannot be used in civil matter ,however the said FSL report can be produced in evidence of the case ,as it is not a result of a criminal case but it is a report by the expert . 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

If you are aggrieved by the decision of police then you can aproach court with a petition under section 156(3) cr.p.c. seeking direction to initiate proper legal action on the complaint  or can file a petition before the same court under section 173(8) cr.p.c. if the police is closing the case on some flimsy grounds 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

The civil case is filed for a different relief while the criminal complaint had been lodged for a different subject.

Your lawyer is right

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

Forgery for cheating under Section 468 of the Indian Penal Code is a non-bailable and non-compoundable offence. A non-bailable offence means that the accused cannot claim bail as a matter of right, but has to apply for it before the court. A non-compoundable offence means that the parties cannot settle the matter out of court. The punishment for forgery under Section 468 is imprisonment up to seven years and fine.

However, the Supreme Court has issued some guidelines to prevent the misuse of arrest and detention powers by the police and to protect the rights of the accused. The court has directed that arrest should be made only in exceptional cases where there is a reasonable suspicion of the accused being involved in a serious offence or being likely to abscond or tamper with evidence or threaten witnesses. The court has also directed that the police should record the reasons for making or not making an arrest and inform the accused of his rights and the grounds of arrest.

Therefore, it is possible that the police did not arrest the person who forged your signature because they did not find any compelling reason to do so, or because they followed the Supreme Court’s guidelines. However, this does not mean that the person can go scot-free with just a warning. He can still be prosecuted and punished by the court if he is found guilty of forgery.

As for your second question, you can use the FSL report obtained in your criminal case as evidence in your civil case, provided that you follow certain procedures. You will have to file an application before the civil court seeking permission to use the FSL report as evidence. You will also have to give notice to the other party and give them an opportunity to cross-examine the FSL expert or challenge the report. The civil court will then decide whether to admit or reject the FSL report as evidence based on its relevance and reliability.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

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