Legal Question in Criminal Law in India

Dear Sir/Madam,

In a land partition suit, one of my brother has forged my signature. Then they prepared a memo that the the land property is portioned. In this memo, they clearly mentioned that the share and below they forged my signature and submitted to the Honorable court. This false evidence memo is submitted as genuine to the court. Then, the court has given a judgment on that the property should divide equally with good and bad qualities of land with the help of court-commissioner. The suit is dismissed with not pressed. We came to know this and we filed a civil suit in the same court. Now the civil case is running and then with my request, through court, I forwarded a criminal complaint (Sec.420,468 and 471 of IPC) to the police station 14 months back. Police started investigation just a month back. So, far they have not submitted any report to the court because the accused is influenced the police by political and money. In this case, please suggest me for the following questions:

The court forwarded complaint to PS, can it be considered as a criminal complaint? or

should I have to file a separate criminal complaint?


Asked on 10/11/10, 2:51 am

1 Answer from Attorneys
dilipkumar joshi dilipkumar joshi

Once investigation in criminal matter of cognizable offence police have to submit report. As per your say police had started investigation back. You can give an application to the court to call report from police in your 14 months old complaint. Court can ask as per latest verdict of our Hon'ble Supreme Court. It is not necessary to file other complaint.

If Hon'ble Court is forwarding any complaint to Police under Section 156(3) of Cr.P.C., the same shall be treated as F.I.R.

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Answered on 10/15/10, 3:57 am


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