BRIEF DETAILS OF CRIME: An Officer of UP Govt. in alliance with few property dealers etc. (accused herein) are doing this crime and played frauds in registered sale deeds of a private property. Its first registered Sale Deed was written in English by me (first vendor), in which later un-authorized (without my counter signatures) rubbings, cuttings etc. were done by few accused. Its subsequent 3 registered Sale Deeds + 1 registered Correction Deed were written in Hindi by accused after doing wrong translation of first Sale Deed i.e. to harm the financial interest of first vendor (me). Accused are able to manuplate even Police which has not been co-operating with the complainant (me).
BRIEF ACTION TAKEN BY ME IN COURT: A private complaint [u/s 156(3) CRPC] was filed by me for crimes triable u/s 420, 467, 468, 471, 409, 406 & 120B IPC against total 11 persons (accused) i.e. set of four subsequent buyers / sellers etc. It is filed in a court falling under the 'Allahabad High court’. Trial Court itself registered the case after police report, and also later issued Summoning order (u/s 204 CRPC) whereby 11 accused are summoned to face trial u/s 420 IPC.
BRIEF ACTION TAKEN BY ACCUSED: Five of these 11 accused, filed two revision petitions before the Session Judge u/s 397 CRPC, without even appearing before the trial court. Plea taken by 5 accused (without pleading not-guilty) is that it is a case of civil nature besides questioning the jursdiction and manner of trial court. Original file was summoned by the revision court. Last filed Cr. Rev. was also merged by the Session court with the first one & case file was transferred to the court of ‘Additional Session Judge’ for further hearing & decision.
MY SUGGESTED PLEADINGS BEFORE REVISION COURT: I intend to plead my case through arguments (copy of my main arguements to be submitted in writing also) in the revision court in following manner:
1. Prima facie criminal case has been made out.
2. It is not rarest of rare cases.
3. It is not a case of civil nature.
4. Revision of summoning order is not maintainable u/s 397 (2) CRPC as it is an interlocutory order.
HELP NEEDED:
Q1: Is there any other argument I may take?
Q2: Could you please suggest latest orders by the Supreme Court and Allahabad High Court in favor of above arguments & also to submit main arguments in writing to the revision court?
Q3: If the said revision petition is dismissed and decided in my favor then can that court order be appealed in High Court [which is prohibited u/s 397(3) CRPC]?
Q4: What will happen to other 6 summoned accused out of total i.e. who are not appearing in Cr. Rev., till pendancy of this matter (including main file) in Revision court?
Q5: At what stage can I file a caveat in High Court and Supreme Court, so that this case is not further registered there by any of these 11 accused (including not appearing in this Cr. Revision)?
Q6. At what stage can I also introduce sec. 81 & 82 of "Registration Act", which also cover the above-said crimes.
Q7. Should the registered Deed Writers of these fraudulent registered Sale Deeds etc. also be made accused in this case and (if yes) now at what stage they can included?
Thanks.
R. N. Aggarwal
