Filing of a criminal case when an injunction suit is dismissed by the lower court
S.R.Venkatraman
(Querist) 02 May 2011
This query is : Resolved
My injunction suit at the District Judicial Magistrate's court was dismissed basically on the statements of the defendant and not proper verification of documents filed by the defendants.
Had proper verifications been made by the magistrate, it would have been crystal clear about the manipulations/tampering etc made in those documents.More importantly, the so called police complaint filed by the defendant which was submitted to the court is against some other person and not against us.These and the statements made by the defense counsel led to the dismissal of my suit.I am now forced to appeal against the lower court's order.
In this situation, I wish to file a criminal case against the defendant for forging/submitting land documents in the same judicial magistrate's court.Is this permissible?
I have filed these tampered/fabricated documents to the concerned authorities like the Tehsildar/V.A.O and others under R.T.I to know the truth.
Kindly advise.
Advocate. Arunagiri
(Expert) 02 May 2011
If the previous case was dismissed before the trial, you can file a second complaint.
If in the previous complaint accused was acquitted, you cant file a second complaint.
S.R.Venkatraman
(Querist) 03 May 2011
Dear Mr. Arunagiri, Thanks for your advise -The suit was dismissed after the trial(joint trial, where the Ist party did not appear.)
The thing is, a joint trial was ordered although we had filed a contempt of court petition when the permanent injunction was in force. Also, 2 different parties are involved, although the defense counsel for both the cases and also the land in dispute is the same.Instead of giving the ruling for contempt of court, the magistrate ordered a joint trial and also marked "contempt petition not pressed for". In the joint trial taken up at the request of the defendant, the first party did not appear and instead the 2nd party filed his documents in both the cases. How is this permissible?? But the court has not bothered to cross check all these facts.
KodaiKanal S.Thanuskodi
(Expert) 03 May 2011
You can file private criminal complaint u/s 200 cr pc to pray the Magistrate court to pass order u/s 156(3)call report from District or city crime Branch's Investigation report and take cognizance on the report or on suit dismissal order and also file complaints to The District Collector and State Vigialliance Commissioner against the Tasildar.
And than you can recovery the property under cr pc within short period aviod further civil suit
