Paid Advise

How to file FIR in criminal breach of trust

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

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.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Quashing of first information report (FIR)

Question: I want the quashing of the first information report (FIR). A false first information report FIR has been lodged against me by the university. There are three students who are working on a project in association with me. I am the senior most of them hence,...

Threatening woman on revealing the truth to family 

Question: A man is threatening a woman on revealing the truth to her family. I'm a husband. I'm writing this for my wife. She had an affair with a person and she also helped him with money in his difficult time without informing me. Few days back she apologised...

In 498A, will my family get arrested?

Question: In 498A, will my family get arrested? My wife has filed a false case against my family. She wanted to marry her friend but due to pressure from her father she married me. There is no fault from my side but due to the whim of my wife my family is facing...

Can I file a complaint against the family court?

Question: Can I file a complaint against the family court? Asked from: Kerala You can file a complaint against the sitting subordinate court judge for his misconduct or dishonest conduct in dealing lawsuits. But you must have credible and clinching evidence to prove...

Section 383 Indian Penal Code: Extortion

Section 383: Extortion Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which...

My sister is being mental harassed by her ex-boyfriend 

Question: My sister was in a relationship for 7 yrs and after that she decided to part ways with boyfriend due to some issues. My sister is being mental harassed by her ex-boyfriend. She was informed this in 2020 and after that asked him not to contact him. He visited...

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