Dear Experts,
I am raw junior and new to criminal law practice.Please clear my query and my hearty thanks to all members in advance. This site of great use to gain practical experience.
Facts :
A private complaint was preferred under sec 200 crpc against a guardian appointed through will for misappropriating the minors property. He has never used the income from that property to the minors welfare. the mother of the minor preferred a criminal complaint(CRIMINAL BREACH OF TRUST & CHEATING) and sought to register the complaint, but the Trial court dismissed it by saying it is is of civil nature as the Will doesnot specifically say the income from minors property should be used for his welfare.
"Will" says till he attains majority , so and so person shall look after the property and after he attains majority he shall have exclusive rights over the property.
Question :
(1) Whether a criminal appeal or a criminal revision should be preferred against this order in High Court ?
(2) Absence of specific mention will it be put against the minors benefit?