Home | Legal Advice | Criminal Law | Fraud committed by public servant

Fraud committed by public servant

Shivendra Pratap Singh

Advocate

16/09/2015/ 8:58:54 AM

Reading Time:

Hello sir, my maternal grandmother has ancestral agricultural property in Alwar Rajasthan. She has the (integral )of this land on her name after the death of her mother but the registry is not done. The son of her sister take advantage of it and changed the intekal to his name by paying a bribe to the concerned tehsildar and patwari in the revenue department.

And then he gets the registry done of this land. After knowing it we filed a case against the tehsildar in revenue court as according to him it was a slip of the pen. can we file a criminal case against him under 420? If yes, what are other legal actions we can take against him? Thanks in advance.

You can file an FIR under section 420/467/468 IPC and u/s 7 of Prevention of Corruption Act. Section 7 makes offence whoever being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person.

Tehsildar had committed an offence under this section, his conduct shows that he committed a breach of duty for providing wrongful gain to one person by unlawful means. His conduct is relevant under section 114 of Evidence act to presume that he had committed that act for gratification. So the burden of proof will shift upon him to prove his innocence. File a complaint before the superior officer along with copies of relevant documents to show his conduct.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Whether prostitute’s customer commits offence

Question: Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of...

Conviction in violation of Section 50 NDPS Act

Question: Please advise whether I have any remedy against the conviction in violation of Section 50 NDPS Act. On 2nd April 2018 Mr. Takunichi was on his way to Changlang from Itanagar travelling in a white Scorpio bearing registration No. XXXX. His friend Mr. Dikunima...

My wife has filed false FIR

Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54