I have given a complain letter to my local area police station concerning forgery done by my brother and mother by using a duplicate but same looking signature like mine for creating documents like POA , Affidavits and opening demat and bank accounts with various banks. Also, at the present moment I am demanding a partition to them of my share in my father’s property but have not filed a civil suit yet.
I met the sub-inspector through my connection with the idea to file a FIR to move things forward quickly and told him that my intention to come to him was to get my brother to do a settlement easily in fear of a criminal case. While he did not register my complain saying he will “MANAGE” the situation, he called my brother in two days ago and made him accept that it was his/mom’s sign.
Later when I went to him to get his feedback on what transpired between him and brother he said that my brother has agreed to do the settlement talks between him 15 days later with both our lawyers in the picture at the police station itself. I get a feeling that my brother had shaken hands with him for the same as when I insisted the second time to file an FIR he said that in spite of me giving him 10 forged documents like POA, Affidavits, Bank account opening statement, PPF withdrawal statement etc my case wasn’t fit for a criminal matter and he can not file a FIR.
I need advice on the following matter.
1.Just because I do not have any document which talks about money withdrawal from my account or usage of the forged POA and Affidavits, it isn’t a cognizant case for an FIR. Is that true? Also because my original documents copy like PAN card, Adhaar Card, Passport etc have been used in support of this document and they are my blood relation, he said it can be true that I could have told them to make all these documents. Can that be right and proved?
2.I talked to my appointed lawyer to send a notice to them stating about giving all info about usage of these docs but my lawyer advised not to do so stating that they can apply to for a anticipatory bail and get away.
3.Should I go meet the DCP or the Commissioner of my city and ask his advice and request him to call the local police station and tell them to file an FIR.
4.While my intention is not to put my folks behind bars, I DO want to put some pressure and shake them a bit. My appointed advocate said I should not look at FIR option as Forgery is considered to be a very high offence and can not be revoked with an affidavit request. Is that right? He also said all of us would have to go through the entire trial process with hand writing scrutiny and all with an FIR registration before I appear to the court and request them that I would like to withdraw my case against .
5.Do you think I should file a civil suit parallel with this? How would it help?
6.Can my brother do create issues or arrangements with grace period of 15 days till the settlement date? How can I get this date pre-poned?
Asked in Criminal Law from Pune, Maharashtra
1) if police refuse to register an FIR you can file private complaint before magistrate under section 156(3) to direct police to investigate and submit report
2) in the alternative approach senior officers and complain against inspector refusal to register FIR
3) it is true that forgery is serious criminal offence and cannot be with drawn by mere affidavit
4) you should file both civil and criminal case . if you want share in property partition suit is must
5) if FIR is lodged brother can obtain AB
1. Yes, it is very cognizable offence for which you have to lodge complaint with police.If police does not register FIR you can file case in the court of Magistrate u/s 156(3) crpc.
2. Do not send them notice. Lodge complaint with Police and let the police cause investigation.
3.Yes, you can do so.
4. Yes, do as advised above.
5.Yes, you can file suit for partition.
6. Your brother can do nothing.
1. A civil suit is the ultimate remedy in your case as the forged documents can be cancelled only by the civil court and not police. The criminal court can only punish the offender for the crime committed by him, whereas it is the civil court alone that can undo the crime and consequences arising therefrom. So file a civil suit for cancellation of the forged documents.
2. If police does not register the FIR then file a criminal complaint directly in the court which can order the registration of the FIR.
1. If you are aggrieved over the local police non-cooperative behavior, you may move the commissioner or superintendent of police with a written representation seeking its intervention and direction to the concerned police to take up the matter legally and to register FIR if necessary or you can approach judicial magistrate court with a section 156(3) petition seeking its direction to the local police to register FIR.
2. Issuing a notice is different to that of initiating private criminal complaint.
3. You can very well proceed
4. Your advocate may be right from one angle but what is the solution for your problem?
5. That will always be better.
6. You cannot do anything on it otherwise it may become fatal to your own case.