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Prabakaran   28 December 2024

Amended criminal complaint

Sir, my father's original criminal complaint dated 14.11.2018 as follows: Address of the VAT Registration Certificate was amended fraudulently from Shop No. 213 into Shop Nos. 213, 214 and 215 using fabricated lease deed dated 01.01.1997, by his tenant and the concerned commercial tax officers. Therefore, on 07.08.2021, the magistrate court ordered to register the FIR against the tenant and two commercial tax officers after pursuing connected records and evidences. Unfortunately, on 15.11.2021, the police registered FIR with respect to tenant only.

Afterwards, on 20.11.2021, the concerned sale tax officers (proposed accused) moved to Madurai Bench of Madras High Court by changing the content of the complaint in their affidavit as follows: The tenant obtained the TNGST registration certificate by submitting fabricated lease deed dated 01.01.1997. In the high court affidavit, the sales tax officers supressed their role in VAT Registration Certificate Address Amendment.

Without considering our strong objection of not to give an audiance to the proposed accused person, the high court allowed the petition of sales tax officials by stating that Police is right by not registering FIR against sales tax officials. Unfortunately, high court didn't refer our original complaint petition, magistrate court petition and relevant documents. Only considered the sales tax officials [proposed accused] affidavit for writing the entire judgment.

Therefore, we took this matter before Supreme Court, and unfortunately, without hearing any of our concerns, our SLP was dismissed within few seconds without assigning any reason. Now, Police is trying to follow the High Court's amended complaint [but not our original complaint petition dated 14.11.2018] as per whims and wishes of sales tax officers. The chargesheet was filed before the magistrate court with the fabricated 161(3) statements. How would you handle this situation? 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     28 December 2024

The court order has to be obeyed and complied there with.

Once the matter has not been considered by supreme court itself in the SLP you may not be able to pursue the same as per your desire.

You may have to proceed with the trial court proceedings accordingly.

What is your advocate's opinion?

Prabakaran   28 December 2024

Sir,

Thank you for your response. 

The local advocate at Trichy says:

1. We need to move forward only with amended complaint after the SLP dismissal 

2. The magistrate court would only follow the High Court's amemded complaint.

However, Madras High Court advocate recommends me to stick on the original complaint dated 14.11.2018. He further says: Let's fight before the high court again if magistrate considers amended complaint, but not the original complaint dated 14.11.2018. 

I have two different opinions. But I don't want to give up my original complaint dated 14.11.2018. 

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     28 December 2024

You may better follow the advise rendered by your high court because you have an avenue open before high court once again if the magisdtrate court refuses to entertain the original complaint by filing a criminal revision petition seeking intervention and setting aside the magistrate court's decision.

Prabakaran   28 December 2024

Sir, Thank you very much for your valuable suggestion. I would like to follow your recommendation. 

 

 

T. Kalaiselvan, Advocate (Advocate)     28 December 2024

You are welcome for your understanding.


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