Police action in closed civil case
senthil
(Querist) 13 December 2013
This query is : Resolved
10 years before a civil case between ourself and my relative was closed as an Exparte judgement(He was not attended the last trial. only his lawyer was present. So, case closed as an Exparte)
Now he filed the same civil case and also a fake criminal case before the magistrate states that
1. He was not aware of the closed civil case
2. It's a crime that some one forged his signature in the summon and vakalathama. And some one appointed lawyer behalf of him in the civil case..
3. And he fakely mentioned that we planned to attack him with rowdies. But no incidence was happened like that..
He is trying to reopen the same civil case with some new fake evidences with help of a new lawyer. and influence in police department..
The magistrate directed this complaint to the area police station. Now they are enquiring this complaint.
I want to know
1. Police can enquire the closed civil case matter and the court accepted evidences?
2. Whether police can arrest me for this complaint. Because he complained as forgery?
3. what precaution i need to take for this problem.
please help me, i am afraid about whether police will arrest me in this fake complaint.
as it's a civil problem whether i can file "do not harass" writ petition for this problem to avoid arrest.
Devajyoti Barman
(Expert) 13 December 2013
1. Yes
2.Likely so and hence apply for anticipatory bail.
3. refer to point no.2.
R.K Nanda
(Expert) 13 December 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 13 December 2013
You have not mentioned whether the complainant has also implicated the lawyer allegedly representing him in the closed civil suit or not.
I presume he has not and thus the entire benefit shall go in your favour as the concerned person is the lawyer and the serving staff of the court, who might have forged the alleged signature of the complainant.
You need to fully cooperate with the police in the investigation of the case and if at any stage, it seems that police is adamant to involve you then only apply for the anticipatory bail.
senthil
(Querist) 14 December 2013
Thanks Raj Kumar sir,
He was not included the lawyers name in the complaint. police is also not calling them for enquirey.
He only signed in the Summon and vakalathama and dening it now.
The police inspector also supporting them.
Inspector and the party threatening us to compromise with them. They filed a new civil case but they don't want to face this in court.
By using this criminal case they are forcing us to compromise with them. they are asking property share in the police station.
Rajendra K Goyal
(Expert) 14 December 2013
Defend the case on merit. Apply for anticipatory bail. Engage the services of some good local lawyer.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
It all depends on the police who flung into action on the basis of the quantity of grease on their palms in such civil cases because this is a very easy subject for them to earn without much effort, they neither have to run behind thee culprits to catch them and take them to court/jail with protection, etc. It is advisable to obtain an anticipatory bail and move the coins accordingly.
senthil
(Querist) 07 January 2014
Thanks All,
I have applied for a anticipatory bail and waiting for the order.
Advocate. Arunagiri
(Expert) 07 January 2014
I go with Mr.Barman. Rightly advised in time for applying AB.
