Legal Question in Criminal Law in India

dear sir, i purchased the property through sale deed on the behalf of registered conveyance deed on the basis of mutated on the behalf of affidavit and death certificate and indemnity bond furnished by them and get free hold from L&DO , but seller could not disclose in L&DO all legal heir name in the affidavit and they show only they are surviving legal heir of deceased and also mention in affidavit detail of registered will and L&DO miss- guide by them but sir , other legal heir's suddenly come out from cave and file objection in mcd and file partition suit on property and make us party now we want to file cheating case on them but after filing complaint no response but we file 156(3) and i.o reported that there is no need for registered the case of cheating during running civil suit and same order by court that there is no need file cheating case or other and dismissed the case on the ground of that this is nature of civil suit and order for next hearing for maintainability of complaint , i need is it possible we appeal in next step for filing FIR is it possible we success if no then what can i do for justice?


Asked on 10/17/12, 9:53 am

4 Answers from Attorneys

Consult a lawyer with all the documents and if advised you can file a protest petition before the Magistrate

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Answered on 10/17/12, 10:18 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the order of dismissal of application u/s 156(3) can be challenged on the ground that civil profile of an offence does not prevent its criminal outfit. this law is settled and your complaint is maintainable even if there is a civil suit pending.

read more on property laws on my website www.karvai.in.

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Answered on 10/17/12, 9:06 pm
Shrichand Nahar S.V.Nahar, Advocate

Consider approaching sessions court in revision.

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Answered on 10/18/12, 1:43 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

File revision before court of session.

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Answered on 10/18/12, 2:12 am


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