• Crpc340

My three sisters sold the prime plot of 500 sq. yards situated in the center of an industrial city of Andhra Pradesh belonging to my late father.
One person has filed a case for the recovery of Rs.70,000/- with a fraudulently created promissory note and got ex-parte decree as I always stayed at Chennai due to my professional activities that is away from my home town where in my mother and sisters reside. As my mother is illiterate my sisters filed an affidavit in the court that I am absconding and made my mother to pay the decreed amount and got released the attached plot of 500 Sq. Yards from the local court in APRIL 2005. After two years these three sisters with the help of the advocate who helped them in the court case advertised notices in the local newspaper in the same town and sold the land mentioning in the GPA agreement that half the amount of sale proceeds will be paid to my mother and in real paid her only one fourth of the said sale proceeds by demand draft, incidentally the same details have also been mentioned in the same GPA agreement in APRIL 2007. Finally they siphoned out the entire amount from her bank account and admitted her in Anadha Ashramam after torturing and threatening her of dire consequences. My mother has revealed the whole story on her death bed in the Anadha Ashramam in JUNE 2015 and died the very next day at the age of 88 years.
My advocate has lodged a private complaint with the local Magistrate at the same place where offence is committed after exhausting all the trials with the police as they cited the courts involvement. The Magistrate took nearly two months calling for all clarifications and was not willing to finalize and admit the case and proceed further even after providing all answers to get satisfied that there exist a fraud in this case. Then the advocate said that we will try filing the case as per Cr PC 340 in the same Civil Judge court where my sisters have filed their last affidavit saying that I am absconding. This time again the judge has kept the file for orders from the past two months. As I am a senior citizen I would expect speedy justice and what should be my future course of action for a logical end in this case to see that my sisters are punished for the offence they have committed.
Asked 2 years ago in Criminal Law from Hyderabad, Telangana
Religion: Hindu
1. You have exhausted your remedies before the criminal and civil courts. The magistrate needs time to apply his mind to the factual matrix of the case to pass an order which is in accordance with the law. I will suggest you wait for 2 more weeks to see if the order is passed or not, and if it is not, move the High Court for an expeditious trial. 

2. You should also be filing a civil suit to challenge the alienation made by your sisters on the ground that is vitiated by fraud. A mere criminal conviction mounted by the court will not undo the alienation. Only the civil court can set aside the alienation as illegal.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

If the trial court judge has kept the case pending without assigning any valid reason or the adjournment is found to be against natural justice, you may file a petition before high court seeking direction for an expeditious trial and disposal  of the case by the lower court.
The lower court will not consider to proceed with priority on the basis of senior citizen, approaching high court may fetch you some relief or respite. 
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

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