Legal Question in Criminal Law in India

We have an industrial property in Gurgaon and my father was the sole proprietor of the said property.

In the year 1984 my father came to know that someone prepared GPA in his name and SPA in the name of his wife.

Lodged a complaint in the PS Sadar Gurgaon, haryana, and an FIR was registered against the said person. But despite various reminders no action was taken by the police.

I the year 1985 wife of this person filed a case of permanent injunction on the biases agreement and did not disclose the GPA or SPA, injunction was not allowed he appealed in the session court there also she could not get the relief so she withdrew her case.

In the year 1987 wife of this person again filed a case of specific performance and that to was dismissed from lower court and she had filed an appeal till supreme court but it was dismissed.

My father died in the year 2004 and in 2008 this man who had prepared forged GPA and SPA of my father again came in picture and now he has filed a case for permanent injunction and this time he came with a registered will of my father.( he is no relation with my father or my family he was a business partner) But the will is of the same date on which he has got GPA and SPA and with the same attested witnesses on the will who are on GPA & SPA.

The FIR filed by my father in the year 1984 for forged GPA &SPS is still pending, as I have obtained the RTI report and it shows the case is untraced but the file is missing for the police station.

I have given fresh application for investigation for GPA, SPA& will but police is taking no action in this regard. We are four legal hair of my father, my mom, my two sisters and my self.

My questions are:

FIR u/s 420 of 1984 can be investigated again as my father is no more and he had filed the FIR.

Can I file a police complaint and to registered an FIR for forging the will of my father as he had already filed a case in the court for injunction on biases.

Or, what you suggest me what legal action I can take against the said person.

With regards,

Anil kumar


Asked on 2/21/11, 2:25 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file a complaint before the magistrate u/s 200 of criminal procedure code in case you feel that an offence is made out and police is not lodging an f.i.r.

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Answered on 2/21/11, 3:49 am


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