Based on what you’ve described, the situation involves (i) a forged document (fraudulent agreement deed/bond with forged signature of your late father-in-law), (ii) ongoing criminal proceedings where the accused was granted interim bail with a specific direction to surrender the original bond, and (iii) deliberate non-compliance of that bail condition coupled with police inaction.
Let’s look at this systematically.
Summary of Current Legal Position
-
FIR already registered under Sections 420, 468, 471, 120-B IPC, pursuant to the order under Section 156(3) CrPC.
-
Bail granted to the accused with a specific condition — to submit the original forged bond to the Investigating Officer.
-
Non-compliance — accused has not produced the bond for almost a year.
-
Police inaction — despite complaint to the Superintendent of Police (SP) and change of I.O., investigation remains incomplete solely due to non-production of the original document.
-
Material evidence (copies) — the accused himself has filed or annexed the same forged document before various forums (police complaint, 156(3) application, bail applications in lower court and High Court), hence the forged document and its use are already on record.
Legal Remedies Available
1. Approach the Jurisdictional Magistrate under Section 173(8) or Section 156(3) CrPC again
Your wife (the complainant) can file an application before the same Magistrate who had earlier ordered the FIR, bringing to the court’s attention that:
-
The accused has failed to comply with the bail condition (non-submission of the original forged bond).
-
The police are failing to complete investigation despite sufficient evidence and copies of the forged bond already available in public record.
-
The I.O. is not taking coercive steps to recover the document or prosecute for forgery and related offences.
You can request the Magistrate to:
-
Direct the Investigating Officer to take appropriate coercive measures (such as search/seizure under Section 91 or 93 CrPC).
-
Issue notice to the accused to produce the document before the I.O. or the Court.
-
Monitor investigation by requiring the I.O. to file progress reports.
This ensures judicial supervision over the investigation.
2. File a Complaint for Violation of Bail Conditions
Since the bail order expressly requires production of the bond, non-compliance amounts to breach of bail conditions.
You may file an application for cancellation of bail before the same court that granted it (or the Sessions Court / High Court, depending on which court granted bail), citing:
Courts take violation of bail conditions seriously, and bail can be cancelled for wilful non-compliance.
3. Approach the Superintendent of Police or DIG under Section 154(3) / 36 CrPC
You’ve already approached the SP, but if no effective action is taken, a written representation to the DIG/CP or even to the Judicial Magistrate under Section 156(3) CrPC can be made attaching proof of prior representations.
This establishes a record of official dereliction in investigation and keeps higher supervisory officers accountable.
4. Approach the High Court under Article 226 / 482 CrPC
As a last resort, your wife may file a Writ Petition (Criminal) or Application under Section 482 CrPC before the Bombay High Court (Aurangabad Bench), seeking:
-
Direction to the police to conduct proper investigation and recover the original bond.
-
Transfer of investigation to another agency (e.g., CID) if bias or inaction is apparent.
-
Monitoring of investigation by the Court till the chargesheet is filed.
High Courts in Maharashtra have intervened in similar cases where forged documents and police inaction were involved.
5. Preserve All Documentary Evidence
Since the forged document has been used and filed in multiple proceedings, obtain certified copies of each filing (a, b, c, d). These establish:
-
Repetition of use of forged document (important for Section 471 IPC).
-
Mens rea and pattern of conduct.
-
The chain of custody and proof of forgery, even without the original, if the forensic comparison is already on record.
Suggested Immediate Next Steps
-
File an application before the Magistrate (in the ongoing 156(3) matter) for supervision of investigation and direction to IO to complete investigation and file chargesheet.
-
Simultaneously, file an application for cancellation of bail due to non-compliance with bail condition.
-
Keep a written record of all communications with the SP and IO.
-
If no result within a reasonable time (say, 4–6 weeks), move a petition before the High Court for monitored investigation or transfer to CID.