Can a 3rd Part become a complainant?
Querist :
Anonymous
(Querist) 25 July 2011
This query is : Resolved
Hello Sirs/Mams,
Mr. X has given false affaidaivit and false proofs of papers to an organisation Y. Y does not have any knowledge of this. Also Y is not interested in prosecuting Mr. X. Can I file a complaint u/s 420 IPC asking for investigation and prosecution of Mr. X being a responsible citizen of India.
Is it possible that I can ask the Court or the police to initiate proceedings against Mr. X even if Y is not interested? It is a very interesting aspect!
Thanks Sirs/Mams
Querist :
Anonymous
(Querist) 25 July 2011
Y is a private institution.
adv. rajeev ( rajoo )
(Expert) 25 July 2011
In what you have related to Y and what loss has been caused to you by the act of X, moreover affected person is not at all interested to take action against Y.
Ajay Bansal
(Expert) 25 July 2011
Since section 420 IPC is compounable,so only effected person can file complaint.
Querist :
Anonymous
(Querist) 25 July 2011
Sirs/mams,
History of the case is that Mr. X is a person who has cheated many ppl including me. Being an influential person police not take any action against him and many ppl like me are afraid of taking action against him or are not having enough brave and heart and energy and time to initiate legal action on Mr. X. However I dont want to give up. I want to fight this man. Thats the reason I want to take him head on.
It is a legal complexity situation. Please tell me what way or how should this topic be approached. IPC 467,468 also. If the 3rd party is not the affected party then what should be shown to the Courts that it is necessary that when a fraud or cheat is highlighted then somebody must take cognisance? Someone suggested me that to make Y take action on Mr. X. include in your complaint that Y may be conniving with Mr. X but it is not clear and have issue notice to it also. The institution would have to surely then explain the reason 2Court why it was not interested to prosecute Mr. X when the fraud came to light if it was not conniving with Mr. X. (it is because it is an old evidance of the year 2000 and nobody wants to get involved with legal battles that too with somebody influential and powerful)even when the proof that X has submitted false affaidavit and forged papaers to the instituion.
AllSirs & Mamas,
please dont give me a denial for this. I am writing in the Expert forum for a genuine cause. Please search out and tell me a way to do this. It is easy to say no....but it will be a difficult thing to find out a way for me....i am talking to ppl who always solve d dfiffcult things only. please give a way for this.
Also I found that Mr. X submitted the same false affaidivit and forged papers to a government organisation which says on a declaration that if the above particulars be found false my amount shall be forefited and criminal action be taken against me. How to make this Govt. organisation taken against Mr. X. I dont want the govt. organisation to simply say that we have undertaken apology or that we have unamiously pardoned X(obviously he has used his influential powers to get d officials say that).
Please help me ...please give me a way out.
Out of Court
(Expert) 25 July 2011
Unles and until Y consent to I in writen to lodge an FIR or a complaint u/s 156(3) CrPc, I cnnot prosecute
Querist :
Anonymous
(Querist) 26 July 2011
Plan 1:If I can show in someway that my rights and my benefits have been affected by the false information incorporated in legal documentation by X to Y then can I prosecute X? Those are civil rights, but a criminal prosecution can be done to X?
Plan2: Or can somebody, Z, else file a case against X saying that by those false documents the rights of this man(me) has been affected
Which one is good or some good lawyer can think of some better plan??
Sajeev Menon
(Expert) 26 July 2011
Hi,
Unless and until Y'not ready to complain, not ready to submit the document before the court or police or , not ready to depose before the court as a witness, the forgery cant be proved.
First of all, you have to realise the importance and impact of the document, whether it is forged to cheat someone?. If it is so, based on the gravity of this issue you can either complain to the police or by filing a private complaint to the concerned magistrate with all relevant documents or copies(if it is with Y')and you can pray to the court for a search and seizure to get hold of the documents.
If the document submitted before the government department, you can send a complaint to the Head of the department with C.C to all the higher authorities.They may investigate the issue and if found forged, will be forwarded to the police.
Querist :
Anonymous
(Querist) 26 July 2011
Sanjeev Sir,
You seem like a person who can crack difficult and tough cases, how may I contact you?? I would want to meet you and prepare those documents.
Thank you Sirs.
M/s. Y-not legal services
(Expert) 25 July 2011
