Property matter- anticipated concocted charges by eowby
V.N.K. MENON
(Querist) 30 September 2011
This query is : Resolved
Question :: BACKGROUND:
Backgrond = ‘A’ in possession of a property thru lease deed from ‘B’ for running school (regd charitabale) . ‘B’ was member of Gov. Body. ‘A’ made constructions at his own expenses as relation was good.
In April 2008 = ‘B’ takes Rs. 15 lakhs in good faith and signs POA, Agreement to Sell and Receipt & promised to register papers soon after getting permission. ( the land in question is agricultural land and for the purpose of registration other than agricultural purposes, permission is required). Unfortunately, ‘B’ died before registering.
In June 2008 = ‘A’ filed suit for Specific Performance against B’s heirs. They alleged documents fake and filed suit for ejecting ‘A’. ‘ A’ had filed alongwith the suit , an analysis report by private lab that the signatures are genuine in comparison with several other signatures of the original owner.
As on date = both the suits are pending in lower court.
During this time \\\'B’s heirs lured the witnesses and then SHO and SHO had referred the matter to Economic Offences Wing and EOW took up the matter as they were also bribed. EOW through court obtained original papers from ‘A’ and sent to Forensic Lab (CFL).
1) The value of this property is less than Rs. 1 crore. As such, if EOW has gone beyond their brief?
2) If it is so, will it be in order if an RTI application is put before EOW as to how they took up the matter without assessing the value of the property. Or can it offend them?
3) Now EOW is saying that the CFL report is against ‘A’. In the circumstances, whether EOW can arrest ‘A’ in the guise of forgery? ( 3 days notice period for arrest is in force in accordance with anticipatory bail).
4) What about appealing in High court?
PLEASE SUGEST NEXT BEST COURSE OF ACTION BY ‘A’ . Thank you for early reply as matter is URGENT, please.
R.Ramachandran
(Expert) 30 September 2011
Through RTI, you can only ask information whether they have taken up any investigation. But you cannot ask as to 'why' they took up the investigation? Under RTI nobody need to give any reason or explanation for their action.
You say that the documents that you have are genuine. EoW is only investigating. What objection you can possibly have to such an investigation?
V.N.K. MENON
(Querist) 30 September 2011
There is no problem if it is done the right-way. But it seems to be not.
Firstly, when the suit for specific performance was filed ‘B’heIrs ( O.P) barged into the school premises with about 20 people and threatened teachers and children that they will force to vacate the property. Complaint was lodged in the local police station where SHO was related to O.P. and the fact that the land belongs to gujars – traditionally a criminal tribe. SHO called 'A' to the Police Station where there were about 40 people and they abused her Police was a mute spectator. since then they have been threatening parents to withdraw children as they will force it vacated. But deceased owner was a philanthropic person. The police influenced the witnesses at the behest of O.P. It is understood that O.P. had given money to Police. The said SHO referred the matter to EOW, in addition to O.P.’s suit for eviction of ‘A.
It is possible that either the original documents have been manipulated before submitting to CFL or a different set of documents had been submitted or some manipulation had been done at CFL under the influence of money-power. ( you may be aware how things are getting manipulated in Delhi lab) .“A ” had given analysis report by a private lab in the court.
1) How can we see the documents which is said to have been submitted to CFL, Delhi?
2) How can an analysis be done at Hyderabad lab, without the involvement of EOW people.
HOPE FOR A CONSIDERED OPINION AT THE EARLIEST & THE ROUTE, PL.
Raj Kumar Makkad
(Expert) 30 September 2011
1. You can compare the documents sent and can be analised a your own as well can take copies from concerned court.
2. You move an application before concerned court and make objections to report submitted and request to send those documents in CFL Hydrabad.
You should engage a known, dedicated and efficient lawyer to deal your case.
Kumar Doab
(Expert) 05 June 2017
Is it same query:
http://www.lawyersclubindia.com/experts/Economic-offences-wing-rules-norms-643491.asp
