Fraud committed by public servant
Question asked on: 16/09/2015
Hello sir, my maternal grandmother has ancestral agricultral property in alwar rajasthan. She has the (intekal )of this land on her name after the death of her mother but registry is not done. The son of her sister take advantage of it and changed the intekal to his name by paying bribe to the concerned tehsildar and patwari in revenue department.
And then he get 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 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 for 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 offence under this section, his conduct shows that he committed 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 burden of proof will shift upon him to prove his innocence.
File a complaint before superior officer along with copies of relevant documents to show his conduct.
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Shivendra Pratap Singh
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