Discharge application by accused.
Ashok Kuvadia
(Querist) 03 October 2014
This query is : Resolved
DISCHARGE APPLICATION FILED BY ACCUSED U/S- 239 OF CR. P. C. :
Dear Experts,
(01) I have lodged Police complaint against our Society’s then Secretary & Chairman about forgery of my signature in a consent letter which is forged and fabricated, which is giving a valuable right to then Secretary to construct additional building of our Society. And he constructed building on the strength of same forged and fabricated consent letter.
(02) Police have taken my hand writings and specimen signatures. The hand writings and specimen signatures of then Secretary have also been taken by Police along with other members of our Society. And all hand writings and specimen signatures were sent to State Examiner of Documents, CID-Crime, Maharashtra Police, to check veracity of signature.
(03) Police have obtained Opinion of State Examiner of Document, CID-Crime. As per same (a) My (i.e. complainant’s) signature is found to have been forged and fabricated in consent letter & (b) About then Secretary to check whether forgery is done by him, it has mentioned that--“For want of identifying features, he is unable to express any definite opinion”.
(04) Since my (i.e. complainant’s) signature is proved to be forged, subsequently FIR lodged, then Secretary was jailed & Charge-Sheet is filed against our Society’s then Secretary & Chairman.
(05) In Dosharoppatra Form: 5-E of Charge-Sheet, Police has mentioned that-- “Society’s then Secretary & Chairman for their own benefit mutually conspired so that to get permission for construction in the name of then Secretary, therefore they forged the signature of complainant in consent letter by SOME UNKNOWN PERSON by preparing said forged and fabricated valuable security they fraudulently and dishonestly represented and used it as a genuine for the purpose of cheating submitted to Municipal Corporation through Architect and obtain the permission for construction. Thus committed fraud with complainant and Municipal Corporation. Similarly then Secretary & Chairman in conspiracy informed that its original fabricated valuable security is lost, thus destroyed the evidence. Hence Section 420, 465, 467, 468, 471, 201, 34 of I.P.C.”
(06) Matter is pending at Magistrate Court, Charges are not yet formed. In the meantime, the accused then Secretary has filed a DISCHARGED application u/s- 239 of Cr. P.C.
(07) In discharge application accused has taken ground that--
(a) “If terminology of the Sections are taken into consideration, there must be allegation that accused have forged the signatures and documents. In the complaint there is no allegation that accused ON THEIR OWN have done this act and there was only a suspicion expressed about it”.
(b) “On examination of the Charge-Sheet, it is crystal clear that the accused has not committed any offence and there is no concrete evidence to prove that he had actually indulged in any forgery crime”.
My Query:
(A1) As mentioned above in para- (07) (a), is it mandatory that there must be allegation that accused HIMSELF have forged the signature?
(A2) Allegation of Police in Charge-Sheet that accused forged the signature of complainant in consent letter by SOME UNKNOWN PERSON is sufficient or not?
(A3) By going through para-(05) (allegation in Charge-Sheet), whether accused has committed any offence and had he actually indulged in any forgery crime?
(A4) For want of identifying features, hand writing expert is unable to express any definite opinion whether forgery is done by the hand of accused or not. From this can accused claim that he has not committed forgery by his own hand?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok.
Dr J C Vashista
(Expert) 04 October 2014
Summerise your query, it is too long.
Contact and consult a local lawyer.
Rajendra K Goyal
(Expert) 04 October 2014
Full case file need to be referred for any opinion, consult local lawyer.
P. Venu
(Expert) 04 October 2014
The matter is sub-judis. Have patience and trust with the courts and their procedures. As a general principle, discharge is granted only if the charges, as such, do not disclose any offence or for lack of jurisdiction.
M V Gupta
(Expert) 04 October 2014
It is mandatory that the charge sheet should contain specific allegation that the accused either himself or through his coharts committed the offense. I think the charge sheet contains in para 5 specific allegation that the accused forged signatures of the complainant by hand of unknown person. That is they are perpetrators of the crime.
Nadeem Qureshi
(Expert) 06 October 2014
contact a lawyer personally or over the phone, it will be better for best advise.
T. Kalaiselvan, Advocate
(Expert) 08 October 2014
avoid posting such lengthy queries, this may not attract proper opinion.
Raj Kumar Makkad
(Expert) 08 October 2014
It is better to obtain second opinion of a local lawyer showing him the copy of the charge-sheet if you are not satisfied with the opinion of your lawyer.
