Hi, An Imposter sold my mother’s vacant house to 2 buyers through a fraudulent sale deed. This imposter falsely stated in the fraudulent sale deed that my mother has expired and he is her only son. On my complaint a FIR was registered in June 2023 and chargesheet filed in Oct 2023 against the Imposter and the 2 buyers. Though the Imposter's bail is still pending in Allahabad High Court but the 2 buyers have been granted bail by Allahabad High Court. These 2 buyers even though they haven't made any payment for my mother's house (as per police investigation) have filed 2 civil cases and one CrPC 156(3) application against my mother. These cases have been filed to create pressure of settlement on my mother. Their 156(3) got dismissed because of non-appearance of their counsel on several dates but the civil cases are still pending. My mother and I, informed the IO about these cases during investigation and also gave him relevant case documents, but the IO hasn't included these documents in the chargesheet. Cognizance of chargesheet has been taken by the magistrate but the charges are yet to be framed. My queries: 1) If I hire a private lawyer to represent me (informant) during the criminal case - then would I have to be present at every date of case hearing? 2) Can during the framing of charges stage of criminal case - my private lawyer file an application for production of abovestated documents by me/informant before the magistrate? 3) Can during the evidence stage of criminal case - my private lawyer file an application for production of these documents by me before the magistrate? 4) In absence of case documents would my oral evidence regarding these cases filed by accused for creating pressure of settlement against my mother be effective? 5) Or should my private lawyer move an application under 156(3) for filing of supplementary chargesheet including these documents? Kindly advise.
1. Unless the complainant or the witnesses are summoned for evidence their presence on each date is not necessary.
2. No
3. No. Only those documents which are seized by Police during investigation are to be considered by court.
4. You can state.
5. No help.
Dear client,
Hope this helps you.
1. No your presence is only needed if you are accused
2.& 3 Yes he can move such application through public prosecutor
4 no
5 not needed they will be produced as per earlier application
You don’t have to remain present on every date
2) your lawyer can only assist the prosecution
3) your lawyer cannot file any application
4) you are at liberty to lead oral evidence
1. No, neither you nor your lawyer need to attend the court regularly because you are the defacto complainant and your lawyer will assist prosecution.
2. No, he will not be entertained by court.
3. No, you can produce them during your evidence if they are relevant and useful to your case.
4. Actually they are irrelevant to the criminal case from your side.
5. No, you don't bring those documents because they are not useful to establish your case.
1. Since, you are a complainant in the said case , hence your presence on each and every date of hearing is not mandatory.
2 Yes, you can produce those documents before the court at the time of framing of charge
3. Yes
4. You can also produce those documents in evidence as well.
5. No.
Thanks for your valuable responses. As described above, I am informant in a case of a fraudulent sale deed. Cognizance of chargesheet has been taken by the magistrate, accused have made appearances and the now the case is scheduled for framing of charges on 04 Mar. The accused have also filed false civil and criminal (156(3)) cases against us - pleadings / complaint in these cases are full of inconsistencies ( like in one case they say that they made payment of Rs. 56 lakhs and in another case they say otherwise, similarly sometimes they say they have possession of the house and in another case they claim the opposite). This proves their dishonest/fraudulent intentions from the start.Though we have shared these case documents with the IO but he has not included them in the chargesheet. Now, can I file an application under CrPC 156(3) through my private lawyer before the magistrate requesting court to order the IO under CrPC 173(8) to do further investigation and file supplementary chargesheet with these documents? I am not sure how co-operative public prosecutor will be, therefore I want to adopt the above route. As per my understanding the 2019 SC judgement (Vinubhai vs State of Gujarat) states this is permissible. But I would like to be certain. Kindly advice. Also, would my application be listed on next scheduled date of case (4 Mar) only or can it be listed on urgent basis before this date too?
You are entitled to make application to trial court to direct IO to further investigate the case and file supplementary charge sheet
You can discuss with your advocate and proceed as advised by your advocate.
The discrepancies what you noticed will be helpful to challenge his case filed against you.