How i can stop one sided legal processing under 156 (3) for issuance direction to sho nri for fir re
Shashi Kant
(Querist) 24 November 2013
This query is : Resolved
Hello Sir,
Need your support, related to my earlier question (please read my earlier question ) regarding sales deeds of my properties, now a FIR under section 406, 420 have been registered against my bhabhi (brother’s wife ), and against her parents in june 2013, all three living in America .
now they have sent a power of attorney to a local advocate and being attorney he filed a case under section 156 (3) for direction to SHO NRI cell to register FIR under section 420, 467, 468, 471 against me, my grand father, lambardar, (in September 2013) and against my brother who never came to india after marriage or on the time of sales deeds
and now in America judge also charged my Bhabhi and her father for fraud case and summoned to them .
here in india i registered a case against them under section 406, 420 , ( June , 2013)
filed a criminal suit against my bhabhi , against her parents, against her brother and bhabhi (all living in America) (In NOV , 2013)
another case i filed is of damages case (NOV , 2013)
and in OCT, 2013 i challenged both the sales deeds one i made a sale deed in favour of my bhabhi ‘s name , second she or any other girl on behalf of herself (without power of attorney) made in favour of my grandfather’s name.
My need is – I want to stop criminal case which my bhabhi’s attorney filed against me , my grandfather, lambardar ,and my brother under section 156(3) for issuseance of direction to SHO NRI for registeration of FIR under section 420, 467, 468, 471 , and now judge have called report under section 202 from SHO NRI.
Already which complaint my bhabhi sent to SHO NRI from America, already filed by police by saying that complaintent is living abroad, due to that she could not be involved in the investigation , and her statement could not be recorded, so no action is necessary by police,
Now tell me how i can tell to judge that already FIR have been registered against my bhabhi and her parents under section 406, 420 , already i have filed civil suit for damages from them, already i have filed a criminal suit against bhabi and against all her parental family under section 500, 506 IPC
Already in Canada judge have charged them under fraud case and summoned to them.
How i can stop proceedings against me by her attorney under section 156 (3) to save me, till this time judge only called report from SHO NRI under section 202.
Because my bhabhi and her attorney (her lawyer ) hiding the facts that FIR have been registered against them, criminal cases filed against them. And they just are now counter blasting against me.
ajay sethi
(Expert) 24 November 2013
post your queries in same thread please
Rajendra K Goyal
(Expert) 24 November 2013
Any further query related to old matter should be posted in same thread.
T. Kalaiselvan, Advocate
(Expert) 26 November 2013
The police may not register FIR on the basis of direction by the court or inquire into the circumstances of the case in the absence of the defacto complainant in the country because it is she who is affected and not her power agent hence the power agent will not be able to clear picture of the alleged incidence/event ingredient for the complaint. So contest the case on merits.
