False declaration for personal appearance exemption
S.D. Singh
(Querist) 02 October 2014
This query is : Resolved
an accused was specifically asked by the court for personal appearance , but for being absent he filed an application through advocate that his uncle expired on yesterday by Heart Attack in out of station hence please exempt my personal appearance. No evidence was enclosed with the application for death. Court accepted his application. But later on it was found by O.P. that his uncle was not expired as declared by him in the application. Please advisehow to complain this matter before the court and whether on complaint court may ask him to produce evidence regarding expiry of his uncle. If yes, please indicate section etc. of I.P.C./ Cr. P.C.
Dr J C Vashista
(Expert) 03 October 2014
Move an application u/s 340 Cr. PC with evidence.
ajay sethi
(Expert) 03 October 2014
it is in your interest to contest case on merits rather than spending money on filing further applications
Sri Vijayan.A
(Expert) 03 October 2014
I agree with Mr.Ajay Sethi.
Please think over whether spending time and money in these areas shall help you in your side.
If yes, follow Dr.Vashista's advice.
If no, leave it. Concentrate on Merits of the case.
Rajendra K Goyal
(Expert) 03 October 2014
Proceed in the case on merit. Court has rightly adjourned the matter on humanitarian grounds.
P. Venu
(Expert) 03 October 2014
Has the absence of the accused caused any prejudice to you?
S.D. Singh
(Querist) 05 October 2014
I want to proceed sir. I have the evidences. please advise whether I can proceed as per law or not and what is the punishment for such an offence. thanx
Anirudh
(Expert) 05 October 2014
If I am the accused, I will say that I got a message that my uncle expired. That is why I made the application. When I went to the place I found that they had sent the message wrongly to me instead of somebody. Therefore, I did not do anything wrong.
Dr J C Vashista
(Expert) 05 October 2014
Yes, you can proceed with further advise of your lawyer, if proved, it is 3 years jail
S.D. Singh
(Querist) 05 October 2014
To anirudh sir, thanks for giving knowledge of possible stand that may be taken by O.P. But there are evidences they evev did not go the place where they claimed there uncle expired i,e, from Kanpur to Delhi( 450 km away) and were remained in local city. Whether such a casual statement without any evidence is acceptable. If it is so any body can state any thing and say that it was told to me by some body....
Anirudh
(Expert) 05 October 2014
But please appreciate and understand that those issues are not germane to your main complaint. Even assuming that you know that the accused did not travel from kanpur to delhi, it will be very difficult for you to successfully prove that he did not visit Delhi. In fact such things will only derail your main issue and possibly even lend credence to the defence of the accused that you are habitual complainant and out to harass the accused! Therefore, try to concentrate on main issues instead of these trivial issues.
Anirudh
(Expert) 05 October 2014
Sec. 340 Cr.PC has no application at all in this matter. Invoking Sec. 340 would be a futile exercise and it will produce nothing at the end.
S.D. Singh
(Querist) 06 October 2014
Anirudh ji, why sec 340 Cr.P.C. is not applicable. is it not covered u/s 200 IPC r/w 340/195(b)(i)Cr.P.C. I think Dr. Vashishtha has also advised under these sections. I think other experts also has advised not to file the case only because of to save time/money and not on merits. Pl. comment/advise. Thanks
P. Venu
(Expert) 06 October 2014
Section 340 CrPC has not yet been operationalised in our legal system and its procedures!
Sri Vijayan.A
(Expert) 06 October 2014
Dear Mr.Ravi,
Expert Anirudh has advised you more than 100%.
His wordings are correct.
Other experts has advised to some extent and it does not mean they are thinking about money and time only. They, including me, mean to say that it will give one of the following bad image about you, as Mr.Anirudh said:
1.you are a habitual complainant
2. or you want to give trouble at any cost to your opponent
3. or you do not have any merit or any fact on your side to prove your case.
Moreover, it is very difficult for you to prove that the death message is false one.
Please go through wordings of Mr.Anirudh. Your opponent may say that it was a false news and On knowing the fact, he stopped going there. Mean time, he applied for exemption from personal appearance on that day. In that event, you cant do any thing.
Please keep in mind, he is not granted exemption for entire trial.
In this circumstance, You will derail from your main case.
Regards.
Anirudh
(Expert) 06 October 2014
Now you seem to be too confident about application of Sec. 200 IPC and Sec. 340 Cr.PC.
Assume that I do not know law.
Now you explain, by going through the respective sections, how these sections are applicable.
S.D. Singh
(Querist) 06 October 2014
Thanx to all experts for providing valuable suggestions.
T. Kalaiselvan, Advocate
(Expert) 07 October 2014
the experts have very properly addressed your query, if you are still adamant proceed as per your wish, why do you argue so much when you know everything better than everyone here.
Raj Kumar Makkad
(Expert) 08 October 2014
You have rightly been advised by experts.
