Dear experts,
I am re posting this as I have an extended query based on the facts below:
I had bought land back in 1999 from other co sharers (I was also a co sharer) who were my brothers. Now they tried to file a criminal complaint against me for using a forged POA to get the sale deed registered at that time. They approached the police who did not register a case saying it is a civil matter. Then they approached the Judicial magistrate who ordered an enquiry by police under section 156 (3) of the CRPC and after purusing the documents and the police report dismissed the complaint. It was also noted by the JM that this was a case for civil courts and criminal courts cannot be misused for the purpose.
I know that the complainant now has the option of a revision before a sessions court.
I have the following questions:
1. Will the sessions court call the accused ie myself for a hearing or will the revision proceedings take place without my presense as it did in the court of the JM.
2. Can I file a criminal defamation suit on the complainant. Will it stand a chance. If so should I proceed with a private complaint under 156 (3) or sec 200 crpc. Pls guide me on this as I want to make sure that such false allegations are not levelled by the complainant ever again.
