New criminal case or criminal appeal
Divya
(Querist) 18 March 2012
This query is : Resolved
My father had filed a criminal case at lower court against my chacha for an ancestral property...Father failed at lower court & he went to Sessions Court, there too he failed....
Now the thing is that my father is nearing his old age & he has given up all hopes to fight against my Chacha, hence he does not want to file a criminal appeal in High Court....Also he is in a state of mind to do settlement with his brother whereas "we are opposing the settlement relating to that property since we want to prove the fraud in court"...
Now the dilemma is
1. He had filed a poorly drafted suit at session court, I want to take up the matter making several additions to it...Only then the fraud can be proved......How do i handle this...
Lawyers are advising me that I cannot file an appeal, since my father has the right to file...But my father does not want to file an appeal...................
Do I have a right to file a fresh criminal case in high court with completely new facts & evidences to prove fraud on property. And within that should I also challenge the decision of Sessions Court in that fresh new case.
"Or do i ignore the session case when I file a new case at high court"
Raj Kumar Makkad
(Expert) 19 March 2012
The opinion of your lawyer is accurate. Your father has only to file appeal. If he is unable, he can give POA in your favour and you with the due permission of the court can amend the facts but you yourself cannot file an appeal without ignoring your father or his earlier litigation.
s.subramanian
(Expert) 19 March 2012
I choose to differ. There is no scope or chance for seeking an amendment in a criminal complaint and that too when the trial court has disposed of the same after trial. There is no provision in CrPC to enable the courts to grant such an amendment. it is not like civil cases where there is an express provision in Order 6 Rule 17 CPC. Once a right has accrued to the accused by his acquittal before the trial court, the same cannot be disturbed so easily by adding new facts by amendment.
PARTHA P BORBORA
(Expert) 19 March 2012
perhaps the quarist has made a mistake - actually his father has file a civil suit not a criminal case and if it is civil case Mr. Makkar Is absolutely right.
Divya
(Querist) 19 March 2012
Dear Experts,
My question is: Can I file a new Case since I have come to know the fraud only now, my father had filed the case 6-7 yrs back..........
Why cant I file a fresh case in High Court even considering the limitation act that when the fraud is known, time starts rolling then.......My father & other siblings want to compromise but I want to fight in court coz some good justice will definitely come...
I am a legal heir so why can I not file a separate suit with new facts & evidences in high Court.
Shonee Kapoor
(Expert) 19 March 2012
There is no use of such useless litigation anymore.
More so the courts won't entertain any changes in criminal case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 19 March 2012
first of all u cant file a criminal case in a high court. u have to file it before a criminal court. Secondly two separate cases for the same offence is not admissible. You can't not file another case to fulfill the lacuna of the present case.
