Complainant requested police to file FIR for making and using 3 false affidavits (done in 3 years time) and for making and using false heirship certificate with help of 3 panchas. Main accused did it with help of 3 other accused for transfering his father's land on his name ( two living sisters not stated in Affidavit and heirship certificate). Police did not file FIR so complainant went to magistrate which resulted in an order from magistrate asking Police to file complaint under CrPC 156(3) and therefore M.Case was registered by police. Chargesheet is filed under section 181, 182, 465, 467, 468, 471 now.
Following are my questions for resp. senior lawyers.
1] Police has not mentioned 120(B) in chargesheet. What is a proper stage for filing application to Magistrate for including it? Under which section of CrPC as this case is M.Case under CrPC 156(3)? CrPC 216 or any other?
2] Trial by magistrate in M.Case under CrPC 156(3) or in regular case of FIR differ? Pls help on this specific point pls.
3] The data entry of the case does not show usual 'Govt vs. accused' format for above case. It shows 'Complainant vs. Accused' on record. Does this mean govt. will not address this case and Complainant will have to prosecute the case privately?
4] IPC 406 criminal breach of trust - is applicable in this case? Here brother converted the land on his name which the 2 sister's thought to be handled by their brother on their behalf.
