Legal Question in Criminal Law in India

Dear Sir,

A land dispute case is running at present in court. My signature is forgerd. Signatures are sent for verification. Now, the reports came from foreinsic laboratory. Judge is retired and new officer is not yet appointed. How these reports can be opened in obsence of the officer?. Is there any alternative process to open the reports officically?

My chief exmamination, I lodged a complaint through court to the police station a year back in 2009 august. My question is that is it possible to register the case(FIR) by police when the case is running in court?


Asked on 9/07/10, 9:23 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

If the court had sought the report, it is court alone after the appointment of officer may open the report. the other option is that if the case was before the Judicial Magistrate, you may file an application before Chief Judicial Magistrate to call for the record and open the report and to conduct the enquiry during the period officer is not appointed

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Answered on 9/08/10, 12:19 am
Shrichand Nahar S.V.Nahar, Advocate

After retirement of a particular judge without any fresh appointment in his/her place, all the matters pertaining to that Court would be looked after by some in-charge court.

Such in-charge court can order opening of sealed report and delivery of copies of the report to the parties.

In view of law laid down in Sachidanand's case having been upheld by larger bench of the Supreme Court, there should not be any hurdle for lodging complaint in respect of forgery committed before submission of forged document in the court.

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Answered on 9/08/10, 3:53 am


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