Home | Legal Advice | Criminal Law | How to file FIR in criminal breach of trust

How to file FIR in criminal breach of trust

Shivendra Pratap Singh

Advocate

01/06/2021

Reading Time:

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.

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.

More For you

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

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...

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