Police has not made seizure of original documents
Bhikham Saini
(Querist) 14 February 2013
This query is : Resolved
I have filed a FIR u/s 420,467,468,471 and 120-B against seller and buyers for selling/buying my ancestral property by my relatives purporting them as my POA holder whereas they never had any POA from me.I submitted the xerox of the Agreements to sale and the original notarised agreements to sale are with one of the buyer but though all the named persons but one have been arrested, put to JC and are now out on Bail u/s 439 crpc but the police could/did not make seizure of any original documents from any of the arrested persons and is now ready to file the charge sheet.The remaining accused is out of reach at present.What happens in case the charge sheet is filed without seizure of original documents.Will the trial stand nullified and the accused shall be released without any trial in such case though the case is genuine.What is thee remedy available?
Nadeem Qureshi
(Expert) 15 February 2013
Dear Querist
you should contacted a lawyer in person
Raj Kumar Makkad
(Expert) 16 February 2013
You should file a criminal complaint simultaneously with the police case as their are many lacunae to your police case which may ultimately acquit the accused persons.
Don't forget to file civil suit seeking setting aside such sale-deed and restoration of vacant possession of the suit property in your favour.