[Sri Kanitkar]

Dear Sir,

1. I and my sibling have cross criminal cases on each other relating to our father’s estate. My sibling’s suggestion is that both of us file a joint criminal writ petition to quash each others cases and also a suit to enable the title of our father’s estate to pass from him to my sibling.

2. In the High Court can the same judge(s) simultaneously quash both our criminal quashing petitions and pass the order for the decree in the same order?

[Sri Kanitkar]

Respected Sir,

1. In a criminal case, can one of the accused act as a defense lawyer and represent all the accused in all the proceedings including the trial, etc.
2. Thanks in advance.

[Sri Kanitkar]

Respected Sir,

1. Earlier you had indicated that the time limit to file an appeal against an ex-parte Chamber Summons order is 30 days. I thought that it it was 30 days from the date of passing of the order.

2. But today my advocate told me that it is 30 days from the day of getting a certified copy of the order.

3. I will be obliged if you can clarify the same.

[Sri Kanitkar]

Dear Sir,

1. Suppose I and my sibling sign an MOU that once all cross criminal cases are quashed, my sibling can recover the possession similar to the powers conferred on a landlord from a licensee u/s 24 of the Maharashtra Rent Control Act or under section 51(a) of the Civil Procedure Court.

2. Both of will register this document, so that it is binding on us. Will it solve my sibling’s fear that I will not vacate the premises after my criminal cases are solved? Which of the above two sections are suitable?

2. The MOU will also mention that I will give her NOC to get a decree in her favour.

3. Thanks in advance.

[Sri Kanitkar]

Respected Sir,

1. Thank you for replying even on a Sunday night, which shows your commitment to help people. May God Bless You.

2. Is it possible to submit all criminal cases for quashing and the suit for decree simultaneously. However, the prayer of the suit will clearly mention that the decree is conditional to the event that the criminal case on me is quashed and I shall vacate the premises immediately thereafter?

3. In this case, as a defendant, I can sign the Suit. My sibling will be assured that once the criminal case on me is quashed, I will vacate the premises, else she can take the help of the court/police.

4. Thanks in advance.

[Sri Kanitkar]

Dear Sir,

1. Thanks for your valuable time and kind advice, which I shall follow. After all the subject is complicated and a face-to-face meeting can solve it better.

2. I apologize if your time was wasted in answering my question.

[Sri Kanitkar]

Thanks Sir for your prompt and detailed reply.

1. Who is designated as ‘Competent Authority’ for evicting an overstaying lessee?

2. If a lessor acts within six months (as required by Section 6 of the Specific Relief Act), then how easily and quickly can he evict an overstaying lessee?

[Sri Kanitkar]

Respected Sir,

Thank you so much for prompt reply despite your busy schedule.

[Sri Kanitkar]

Thank you Sir

[Sri Kanitkar]

Respected Sir,

Thanks for your kind information and guidance, despite your busy schedule.

[Sri Kanitkar]

Respected Sir,

1. Thanks for your detailed reply despite your busy schedule. You are helping the common man and God will bless you.
2. The forged document is used under oath in a civil suit, which is being heard at the High Court (original side). So, one option is to complain to this court u/s 340 CrPC for perjury.
3. The second option is to approach the Magistrate u/s 156(3) CrPC or u/s 190 CrPC to register an FIR for forgery.
4. My opponent uses her money power to ‘influence’ the police and due to this they have not registered FIR for forgery since two years.
5. In such circumstances, please advice which route I should follow.
6. Thanks & Regards.

[Sri Kanitkar]

Respected Sir,

1. Thanks for your reply.

2. I humbly beg to differ from you because this is a complicated issue and several High Courts have given conflicting judgments. In the Cr.P.C. Book by Ratanlal & Dhirajlal (LexisNexus), u/s 195(1)(b), the police is empowered to register an FIR when a document is forged outside a court and then produced in the Court. There is a Supreme Court judgment of Iqbal Singh Marwah v/s Meenakshi Marwah. [Appeal (Cri)402 of 2005. Date of Judgment:11/02/2005 by a Constitution Bench headed by CJI RC Lahoti, arising out of the SLP (Cri) 4111/2000.

3. In view of this may I humbly request you to guide us again.

4. In what format should I register a complaint of forgery in the civil court (High Court – Original Side)?

[Author]

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