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Raghav (Officer)     02 January 2013

Private complaint

Dear Lawyers;

In continuation to my post on father seeking maintenace from me and my brother, now my father has placed a private complaint in the court. Police people contacted me and asked me to come over to give my responses to the complaint. My father has said that I did a forged document on gift deed of his house in my name and i have given him poison etc.. all above statements are false, he himself has gifted me his house in my name with a condidion that I will repay his full loan amount. I did the same, and paid off the complete loan amount for which I have documents. I have given these documents to police and a copy of the registered gift deed. My father has complained on me, my mother and sister. My mother has also given her statement to police that the gift deed was legal and the allegations are wrong.

It is very clear that my father and his brothers want to boter me by giving such wrong complaints and cases in the courts and finally to take the house back where my mother and sisters are staying. I am working in Delhi and all these wrong allegations are made in my native in Karnataka. 

I am not sure after giving my statement to police, what will be the further process, will this be a criminal case or civil in nature?

 



Learning

 1 Replies

Tajobsindia (Senior Partner )     03 January 2013

Two events may happen now;

1. If ATR* is submitted by IO having your version then Court will put application of mind and may dismiss his S. 156 (3) CrPC private complaint matter.

2. If ATR* submission and vehement argument your father / his side does and Court gets impressed then the case will convert that into S. 200 CrPC and he will be asked to lead evidences and witnesses.

During para 2 stage you / named persons of your side remain as proposed accused and have not much of say to due process of the Court which is now in between a Complainant (father) and Court naming you / your side of relatives as accused persons so it is suggested to keep regular tab of the proceedings by hiring a junior Lawyer locally via reference to give you feedbacks on his pleadings and statements being made by witnesses. Another thing whose special rights ‘proposed accused’ in reference complaint nature matter have is to seek Certified Copy of daily court proceedings and that cannot be refused to proposed accused persons or his/their men and agent (local lawyer is what I mean here). By going through documents received as certified copy of daily proceedings one can come to know which course the complaint case is proceeding and timely action can be taken in due course.

----------------
*ATR
- Court hearing reference pvt. complaint matter directed IO to submit Action Taken Report after investigation before process could be issued to accused persons named in reference private complaint is what it means as to what is happening with chain of event which you asked us.  

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