Sessions court revision crpc additional evidence

1. Yes though the evidentiary value would be less.

2. Can be taken privately. Though the Court in the fitness of things would and should order a conclusive test through govt. CFSL. 

3. Additional Evidence can never be allowed during Revision. Though the court has the power to order a retrial if it deems fit in revision proceedings. 

4. Depends. Can be commented upon only after seeing the totality of the matter.

Feel free to talk !

Thanks advocate Chugh,

This is in regards to the case that I had posted earlier however a revision has now be filed in this as outlined in my original post. 

Below is the brief history of the case:

I had bought land back in 1999 from other co sharers (I was also a co sharer) who were my brothers. Now 2 out of the 5 filed a criminal complaint against me for using a forged POA to get the sale deed registered at that time. 1 co sharer who was my mother is now demised however, she and the other 2 co sharers signed a memorandum in 2006 reiterating that they had given me a POA and that it was valid. My father signed it as witness. This was done because the 2 present complainants were asking for money since that time. The rest of the property in the name of my mother was willed equally among the brothers.  

The complainants approached the police who did not register a case saying it is a civil matter. Then they approached the Judicial magistrate who ordered an enquiry by police under section 156 (3) of the CRPC and after purusing the documents and the police report dismissed the complaint stating it as civil nature. It was also noted by the JM that this was a case for civil courts and criminal courts cannot be misused for the purpose.

Now, the 2 complainants have filed a revision in sessions court and I have got summons.

An important point is that the concerned POA is missing since 2008. They are alleging that I gave them the photocopy of the POA just few months back and then they realised that their signatures were forged. Otherwise they say that they did not know of the forgery since 1999. I did not give them copy of any document. And they knew abot this sale deed since 1999.

As the original is now missing, it is hard to prove which one is the right one. That is why they got private handwriting expert opinion on a xerox and are alleging that I am deliberately hiding the original but this is not true. A police report for the loss of many documents from our parents' house was filed by the complainant himself in 2008.

They have not been able to produce the alleged copy so far before the police or the judicial magistrate who dismissed the complaint. But they have produced a copy of that document in the sessions court and ask for revision.

Please advise best course of action.

Can I file intent of malicious prosecution against them.

Handwriting you must be referring about Signature part ??

The non matching of signature on a xerox unauthenticated document whose original cannot be made available has absolutely no evidentiary value. 

Yes sir. By handwriting I mean the signatures.

The non matching of signature on a xerox unauthenticated document whose original cannot be made available has absolutely no evidentiary value.