Creating forged and fabricated documents
Querist :
Anonymous
(Querist) 19 December 2017
This query is : Open
Dear sir,
our opponent created forged patta in respect of our land and produced as evidence in District Munsif court case, which was filed by them for suit for declaration based on the said forged documents and got the judgment in his favors. And we preferred appeal in sub court and the said appeal was dismissed. Further we preferred second appeal in High court of Madras. While second appeal was pending, our opponent was died and the legal heirs were brought on record. And the second appeal was allowed by setting aside the lower court judgments. Then our opponents preferred SLP in supreme court based on the concurrent judgments of lower courts( DMC and Sub Court), which are given based on the forged and fabricated documents and the same is pending till now.
Meantime, I gave a criminal complaint to police department against our opponents for creating forged documents, using a forged documents as genuine and giving false evidence in civil court. And case was registered by police against our opponents and final report was submitted in Judicial magistrate court and the case was taken on file in JM Court and further proceedings initiated.
Then our opponents preferred Criminal OP in High court of Madras, and prays that
1) As the subject matter of suit property of this criminal case is pending before the supreme court in SLP Civil case, stay the entire proceedings of the criminal case
2) And states that even if any mistake has been committed by their father, the criminal liability cannot be shifted to the legal heirs and quash the proceedings of criminal case.
My query is,
1. can proceed the criminal case, even the subject matter of the suit property is pending with supreme court in SLP Civil case.
2. Father created some forged documents and used as evidence in civil cases in courts and got judgments in his favors.The High court of madras dismissed the lower courts judgments in second appeal filed by us( Aggrieved party). Since the father was deceased, while the pendency in second appeal, the legal heirs are preferred SLP in supreme court, based on the same forged evidence, which was created by their father. In this juncture, whether the criminal offence will shift to the legal heirs under section 196,197 and 198 of IPC
Isaac Gabriel
(Expert) 05 January 2018
It depends upon the case history and evidences adduced in the criminal case filed by the prosecution.
