Legal Question in Criminal Law in India

Some Mit Singh executed an ageement of sale of land measuring 8 kanals in favour of Sohan singh. Sohan Singh filed Suit for specific performance against Mit Singh, but suit was contested by daughter and widow of Mit Singh through their two power of attornies after his death.Suit was dismissed by the court because agreement being forged and fabricated. Thereafter one power of attorney filed complaint U/s 467/120 IPC on basis of forged Agreement of sale agaist sohan singh. Thereafter one power of attorney sold suit land to second power of attorney who was his brother. coplaint is pending sicce 1999 but none of the coplainant appeared in court to depose on oath. wheather power of attorney has power to continue the complaint after sale of land in his favour by second power of attorney and non examination of real compaint is fatal for the case of complaint. guide me with case law?


Asked on 9/01/09, 12:26 pm

2 Answers from Attorneys
KAMAL GROVER

You have enter into his shoe and can proceed on his behalf.

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Answered on 9/01/09, 2:04 pm
Shrichand Nahar S.V.Nahar, Advocate

Offence like forgery is not dependent on status of complainant. Such offence can be tried even after death of complainant. Ownership of property has nothing to do with the criminal case. There is no concept of real complainant or unreal complainant. A person can depose for facts known to him.

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Answered on 9/02/09, 5:17 am


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