How to file FIR in criminal breach of trust

Shivendra Pratap Singh


High Court Lucknow

Criminal Law

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Advised on 1 Jun, 2021

Question: I am a Muslim girl living in Bengaluru. My deceased uncle had bequeathed expensive properties in Pune and Latur Maharashtra, by Will to me and I am a lawful beneficiary. Sir, I want to know how to file FIR against my uncle. As an Executor, he has embezzled all movable assets by grabbing and by sale. White and black money both are involved in the deals. My other uncle is living in Akola Maharashtra, is the Executor cum beneficiary along with others. He has also sold two immovable properties but is refusing to give any amount to the legal beneficiaries, who are also ladies living in Guntur (AP) and Aligarh (UP). Overall, the Uncle has cheated and breached our trust and affection.

We want to file FIR against him, but we do not know in which station to file FIR and what should be the procedure. None of us is in a position or wish to contact or employ lawyers in unfamiliar places in Maharashtra.

Kindly advise (i) Procedure to file the FIR (ii) Can the FIR be filed in any place of our residence e.g. Bengaluru, Guntur or Aligarh (iii) Where can the laid down format for FIR for the respective States be obtained (iv) What should be the IPC clauses to be included in the FIR (v) Other relevant issues in respect of this subject, to make the FIR comprehensive and effective.

Question from: Maharashtra

You can file a First Information Report (FIR) at any place in India. If the station in charge of the police station finds that he has no jurisdiction to investigate the offence then he shall transfer it to the competent police station. This type of FIR is a zero FIR. 

Lodge FIR in the local jurisdiction of the police station

You should try to lodge the FIR in the police station within whose territorial jurisdiction your property situated or sale deed executed. Contact a criminal lawyer and he will prepare the draft of the FIR. Your uncle has committed offences of cheating, criminal breach of trust, forgery of valuable securities etc. these offences are punishable under section 420/467/468/406 of the Indian Penal Code (IPC). You can know step by step procedure about how to lodge FIR under section 154 of the Code of Criminal Procedure.