Dear Querist
State detail facts to get best advice.
which type of the documents?
in which sections you want to registered your complaint?
what are the role of the accused persons?
Offense with respect to documents in question
in my application U/s 200 cr.p.c filed before the learned metropolitan magistrate it has not been stated by me that the documents in question were provided by the accused. Furthermore it was also not been stated by me that the documents in question were filed with the any office by accused as alleged by accused in their complaint and after final arguments the documents in question were only shown to learned metropolitan magistrate just to show the mala fide intention, wrongful conduct and the habit of creating documents by accused to mislead and misuse the same for their own benefits. the territorial Jurisdiction of PS with respect is created with the annexure (M) filed and annexed by me in the said application U/s 200 cr.p.c and not created with the documents in question. is it correct that that no mens-rea is established with respect to the documents in question which is essential ingredient of criminal offense i cannot be held responsible for the disputed documents as there is no allegation made by me in my applications please provide with some judgements as a case was registered against me for the documents in question allegdlly filed by me with the application which is not correct.
Asked 10 years ago in Criminal Law
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8 Answers
Hello,
1) It appears that you filed a complaint before the Magistrate under Section 200 of the Cr.P.C and you submitted certain documents along with it or your complaint referred to certain documents that were the subject matter of the complaint..
2)Is it right to assume then the the police subsequently arrested the accused in a case of forgery of documents and since you had filed the documents purportedly forged, without clarifying that they came into your possession from the accused in the above case.
3) You will be given a fair chance to defend yourself. Just because you did not make specific reference to the manner in which the documents came into your possession and that they are not generated by you.
4) You need to seek the help of a local pawyer to defend you in the court.
1. Chapter - XIII covering section 177 to 189 f crpc deal with territorial jurisdiction of the court in criminal case.
2. The said chapter deals in detail covers the issues as to where depending the cause of action the case is to be filed.
3. So to reply your query properly the petition of complaint and the defence is to be perused in absence of which appropriate citations can not be given.
after the conclusion of the final arguments the documents in question were shown to court to show the wrongful conduct and mala fide intention of the accused persons. there is no allegation by us in our application u/s 200 crpc so there is no mens rea with respect to the document in question. for jurisdiction we have filed other document and referred in our application and for allegations we have filed other document and referred in our application but the document in question is neither filed or referred by us in our application u/s 200 crpc so how can the accused file case on us for the documents in question when there is no allegation or we have not filed the documents with our application.
Asked 10 years ago
1. Your query is deficient in details,
2. If you have not mentioned anything about the possession of the said document by the accused, in your application, then you can very well defend youself,
3. However, you shall have to inform the court as to how did you lay your hand on the said document you have enclosed with the application filed by you u/s200 of Cr.P.C.
1. You stated "documents in question were shown to court to show the wrongful conduct and mala fide intention of the accused persons.",
2. Who showed that document?
3. Was it mentoned in the said day's order sheet?
4. The petition is required to be perused for giving proper advice.
1. Firstly, your query is bereft of details.
2. What is the allegation made in the complaint? This is the basic information you need to furnish.
3. It appears that in your application file dint eh court you did not file certain documents which you wanted to file or which had to be filed to establish your case. What did you intend to prove with the documents in question which have not been filed in the court? Why were the documents not filed?
1. You have stated that the final arguments have been heard. Has the court pronounced it's order? If yes, whats is the order?
2. If the order has not been pronounced then wait till the same is done.
3. In the absence of specific details it is impossible to suggest as to what the accused may do against you.
state detail facts
as mentioned in my previous reply