Can orders passed by a Magistrate U/s 156/3 to investigate a Criminal Case U/s 406, 420, 504, 506 & 34 of IPC be discarged U/s 239 of Cr. P.C.
I had filed a private Criminal compliant in 2008 against my brother in the Court of C.J.& J.M.F.C. at Ulhasnagar after realizing that he had sold most of the properties and Shops without any authority from my late father or any of the family members, in the capacity of a Builder and Developer to the said properties.
The said properties and Shops belonged to my late Father since 1949 and still stand in his name in government records till date..
My brother sold most of the properties and Shops of my late father to his own wife in 2003 (after the death of my mother) and that also on her Maiden name on a simple Rs. 10/ Stamp Paper, Just to claim ownership , possession and third party intrest on the said shops and Galas. and thus have retained these properties himself by creating bogus , fraudulent and illegal sale deeds in the name of his wife and gift some shops to his very own daughters without any authority from my late father, my late mother, myself or any of the other family members.
The Magistrate passed an Order U/s. 156/3 to the Police department to investigate the matter u/s 406, 420,504,506 & 34 of IPC. My brother along with his wife was arrested by the Police department, remanded for 1 day pc and are out on bail.
The case has come up on board for hearing and my brother is seeking to get the case discharged U/s 239 of the Cr.P.C. and U/s 468(1) (c) of Cr.P.C. as lapse of the period of limitation of three years time bar for the discharge of the case.
My Question is : Can the Magistrate discharge the case U/s 239 and 489 (1)(c) of the Cr.P.C. even though the police investigation has proved that my brother is quilty of fraud, cheating, illegally creating ownership rights for himself along with documentary evidence like illegal Rs. 10 Stamp Paper Sale Deeds.
Question no 2: Which and What sections are applicable in the above criminal petition so that the case should be COMMITED and the quilty should be punished.
BHUSHAN KHATRI.
