Action in a criminal case
Md Abdul Kadher
(Querist) 17 October 2012
This query is : Resolved
A FIR was filed on 3 persons in 2004. Copy of it was found with the initial and dated seal of the Magistrate was unlawfully obtained from the court by the State Government (Tamil Nadu) Department and attested by the Personal Assistant to the Director of Cooperative Audit, Chennai-600 005 on 26/07/07 from the Magistrate Court while the criminal case was pending. The Personal Assistant issued certified true copy for which he had no original. The incident occurred before 5 years. Can any one of the 3 accused can file a criminal case against the officer who attested the xerox copy and who has no power to do so. Still that officer is in government service. Is there any possibility to file a case at present?
Arun Kumar Bhagat
(Expert) 13 November 2012
Yes you can file case without obtaining sanction.