rajeshverma (business) 03 March 2013

Fir

Can I log in a FIR under IPS , fraud and forgery , even though there is a case going on in Civil Court for the same property.

The guy with whom our agreement was has sold the paper to the third party before the time bound.

The matter is 25 years old.

Thanks

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4 Replies

Rajeev Kumar (Lawyer/Advocate) 03 March 2013

Whether the case is going on is civil case or criminal case and if you want to lodge criminal case then what were you doing since last 25 years.

rajeshverma (business) 03 March 2013

I was a child that time but now I am grown up . I have interest to get my ancestral property back .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 March 2013

No need to worry about it Max

you have right to file a criminal case against them for forgery. but the question will be raise that the case is barred by limitation provided by section 468 of Cr.PC

468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) Six months, if the offence is punishable with fine only;

(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

¹[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

But according to section 473 of Cr.PC the court have power to extention of limitation

473. Extension of period of limitation in certain cases.

Notwithstanding any thing contained in the foregoing provisions of this Chapter, any court may make cognizance of an offence after the expiry of the period of limitations, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

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Nadeem Qureshi (Advocate)

Email: nadeemqureshi1@gmail.com

Web: nadeemqureshi498a.webs.com

Mob: +91 9953809956

+91 8802305262

rajeshverma (business) 24 March 2013

So, if I do not file a FIR , is there still possibility of getting sale deed canceled through court even though I filed a suit after 16 years of execution of sale deed ?

Does civil court also have rights to extend the limitation of time ? Any relief ?