Legal Question in Criminal Law in India

My younger brother is co sharer in our joint agricultural property and was also my General Power of Atorney holder since 1980. At my back, he filed an application for change in title of my share of joint land and on being asked by the Revenue authority about the exact residential address of mine , he submitted a sworn affidavit to the Revenue Authority stating therein that he doesn't have knowledge of his elder brother( mine) residential address. On the basis of this false affidavit, the Revenue authority issued an exparte order for change in title of property in the Revenue records.

When , I came to know about such fraud played with me by my younger brother, I immediately challenged the exparte order issued by the Revenue authority without serving due notice etc. to me. The appeallate Revenue authority reversed the order and restored the entries made regarding title made in revenue records.

Later , I filed an application u/sec 340 of Cr PC before the Revenue authority praying for initiation of appropriate action against my younger brother for submitting a false affidavit before a "Public Authority" , thereby mislead him in discharging his judicial duties. The Revenue authority after hearing both parties ordered initiation of proceedings U/sec 181 and 196 of IPC against my younger brother.The proceedings have started recently.

Since, ultimate malafide intentions of my younger brother was to play fraud with me so as to grab my share of land by illegal means, I filed a complaint before the Police authorities requesting for registration of FIR under Sec 420, for offence of fraud committed with me ( as citizen) by submitting a false affidavit to the Revenue authority , which acted on it and issued order based on false affidavit. I also stated therein my complaint that my younger brother has committed two offences , one with "Public Authority" and second with me as citizen.

The Police authorities replied to me stating therein that their legal officer has advised against registering a case against my younger brother u/sec 420 and other sections of IPC , because of the facts of the case are such that , Criminal Procedure Code doesn't permit them to to register a case under section 420 of IPC requested by me. Only one case under sec 181 and 196 is made out for which PUblic authority has already initiated steps.

I argued with Police authorities ,in writing again stating that since my younger brother has committed two offences one with "Public Authrity " and second with me as citizen ,these two being, separate legal entities, a case be register against my younger brother for cognisable offence/s committed with me under Sec 420 of IPC.

Please advise me , whether my stand with Police authorities is correct in the eyes of provisions of the Cr PC and IPC ? If not , Please educate me . If my contentions are legally correct , What further steps , I should take for registration of case under cognisable sections( 420) of the IPC , on being refused to do so by the police authorities.?


Asked on 2/19/10, 8:47 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In pending court proceedings, for pursuing legal remedies, the lawyer representing you in the case may be a better option.

Read more
Answered on 2/19/10, 3:42 pm


Related Questions & Answers

More Criminal Law questions and answers in India