Habitual litigant
chandrabhanu
(Querist) 01 December 2014
This query is : Resolved
Sirs,
There is one person who has taken approximately around 10 to 15 properties from many individuals by cheating them (leagally). Legally means, he will creat a forged will, based on the will sale to 3rd person, 3rd person to 4th person & then he will buy from his as he does not know anything and legally safe. Out of 10-15 people, many have left as they are not financially strong as compare to him. Few people in the due course of case as it delays, they have compromised for some money. Now around 5 person only fighting the case. I have all those persons details. In this context, please clarify the below.
1) Can i initiate the criminal case?
2) Can I complain to CBI? and whether CBI will investigate this matter as the approximate amount of fraud is 40 to 50 cores.
3) Is there any other action which we can take?
5) If all the 5 people can jointly complain to police department, If we give the complaint, whether police will accept the complaint?
6) Whether all the parties can file the criminal case?
Sirs, please clarify me as it is very important to me.
chandrabhanu
(Querist) 01 December 2014
Also further, his entire family, (wife, 3 sons & one daughter) all are having the cases approximately around 45-50 cases in civil, crime & high court. Many people have fed up with him. He has already acquired around 10 properties like this without any complication now but still staying in a rented house.
Devajyoti Barman
(Expert) 02 December 2014
1.yes
2. CBI does not investigate such petty matters.However you can apply for CID investigation.
3.File civil suit also.
4.Yes, it can be done.
5.yes but better to file cases separately.
malipeddi jaggarao
(Expert) 02 December 2014
Agreed with the expert advice of Shri Barman. You cannot prevent the fraudsters that easily.
Guest
(Expert) 02 December 2014
Consult a Local Good Advocates.Such Persons could be Prosecuted by Law if you are in Right Hands.
P. Venu
(Expert) 02 December 2014
Theoretically the problem is remediable, but practically there is no remedy. The primary reason is the lack of the integrity in the judicial procedure and widespread disregard among the legal professionals towards basic legal concepts. My experience has been that even the Supreme Court is helpless in taking any corrective action.
Rajendra K Goyal
(Expert) 02 December 2014
Agree with the expert Devajyoti Barman .
Guest
(Expert) 02 December 2014
GOOD CONTRAST in your query!
When you say, "one person who has taken approximately around 10 to 15 properties from many individuals by cheating them (leagally). Legally means, he will creat a forged will, based on the will sale to 3rd person, 3rd person to 4th person & then he will buy from his as he does not know anything and legally safe" in what way you treat the transactions legal, when the very base of the transactions is illegal (cheting & forged wills)?
Also, on one hand you consider him "legally safe" on the other hand you want to "initiate the criminal case." Are not you scuttling down your own theory and perception?
Guest
(Expert) 02 December 2014
Also, how you can treat him as habitual litigant, who is not a Plaintiff, complainant, or petitioner, himself?
You probably need to change your thought perception at first before getting solution to the problem.
ajay sethi
(Expert) 02 December 2014
has the said person cheated you ? if so file complaint of cheating , criminal breach of trust against him . his past track record will help you in your quest .
chandrabhanu
(Querist) 04 December 2014
Dear All, Thank you for your valuable reply.
As answer to Mr.PS Dhingra, my apponent has created a will & occupied the vacant possession. When we filed the civil suit, he has not submitted the "original will" document. So in this case what action we can take? Ultimately we may win the case. But the time which will take to generations. So can we claim the damages from him?
I contacted 2 advocates where they say that there will be no use by filing criminal case.
Kindly suggest.
T. Kalaiselvan, Advocate
(Expert) 04 December 2014
If he has encroached the land illegally, criminal trespass or land grabbing case can be filed against him if not only civil remedy is available. Since he too possess some documents, the validity of which will be decided by the court, it cannot be termed as encroachment or land grabbing, hence one has to endure the hardships of civil litigation till it gets disposed.
Guest
(Expert) 04 December 2014
First win the case and then think of claiming damages. Your question on the issue would become due only after you win the case on merits.
chandrabhanu
(Querist) 06 December 2014
Dear All,
Thank you very much for the suggestion, opinion. It will help me a lot in future.
