Appeal for forgery
Mahesh Kumar
(Querist) 31 December 2012
This query is : Resolved
I was acquitted in a Crminal Case with sections 498A / 304B by Sessions Court.
There are findings during the Trial and can be clearly depicted that a Forgery of Inland Letters with the Postal Seals has been done.
So Can I File a Case Against the Persons who deemed to produce such Inland Letter?
The Complainant had appealed in the High Court against my acquittal and in this circumstances can I File the Case Becoz It can be proved by Naked Eyes.
Any Relevant Judgements or Cases where in even though the State / Complainant appeals against the Acquittal Order of the Sessions Court, the Accused who suffered can File the Case against the Persons who did Forgeries and which is maintainable?
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How sad it is.. Ppl can mis-use the law to any extent and the one who suffers has to suffer till the appeals are finalized by the Higher Courts even though the Forgery is visible.
Mis-use and Forgery of Postal Seals (Govt Postal Seal) for the purpose of conviction to a capital punishment leading to 7 yrs to Life and I cant do anything....************
Guest
(Expert) 01 January 2013
No judgments are required to file the case. You may file the case but the case will not proceed considering the fact that the judgment of the trial court has been challenged. When the judgment of the trial court is challenged before the appellate court the findings of the trial court are seriously put in jeopardy. Better wait till the appeal is decided.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
District Courts, Amritsar & Chandigarh
Devajyoti Barman
(Expert) 01 January 2013
The accused person can always highlight the frgery and make specific case in appeal by filing a petition u/s 340 crpc.
R.K Nanda
(Expert) 01 January 2013
no more to add.
JANAK RAJ VATSA
(Expert) 01 January 2013
nothing to add to the experts advice
Mahesh Kumar
(Querist) 01 January 2013
How sad it is.. Ppl can mis-use the law to any extent and the one who suffers has to suffer till the appeals are finalized by the Higher Courts even though the Forgery is visible.
Mis-use and Forgery of Postal Seals (Govt Postal Seal) for the purpose of conviction to a capital punishment leading to 7 yrs to Life and I cant do anything....
Guest
(Expert) 04 January 2013
The process of law has to be gone through. Unless you are acquitted by the highest court or the judgment of acquittal otherwise attains finality, the findings of the lower court are under a serious cloud.
Mahesh Kumar
(Querist) 04 January 2013
Can u pls detail me How Section 195 can be used.. It bascially for punishing person who " make a fabricated document as a evidence" ..?
Raj Kumar Makkad
(Expert) 04 January 2013
If a fabricated document has been filed by any party during a judicial proceeding then an application under section 340 Criminal procedure code read with section 195 of IPC is required to be moved in that court for enquiry and further for initiating action against the accused person.
