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Whether false facts mentioned in the written statement do feth prejury?

(Querist) 22 August 2014 This query is : Resolved 
My client filed an application under section 125 of Criminal Procedure code and the respondent filed his written statement as well as reply (without supporting affidavit) against the application seeking interim maintenance in which he shown himself as unemployed whereas he was in job at that time. When I summoned the record of his service by moving an application before the Court, he left the job and thereafter filed an affidavit to the effect that he is not in job. I filed prejury petition which after due enquiry was forwarded to the CJM, charge was framed under section 193 IPC and now the case has reached to the final stage of leading argument.

My question is whether the false written statement is also covered under section 340 Criminal Procedure code whereas no affidavit has been filed in support of the written statement ? if yes, any link of law?
Devajyoti Barman (Expert) 23 August 2014
False statement mislead court for the purpose of making wrongful gain to the maker is not perjurious unless the same is supported by affidavit or made on oath.
So wait till she depose and files it again supported by affidavit.
Raj Kumar Makkad (Querist) 23 August 2014
The defendant filed the affidavit in support of the written statement when he had resigned from the job but the written statement was filed stating therein that he is not in job when actually he was in job at that time.
ajay sethi (Expert) 23 August 2014
written statement contains a verification clause wherein respondent disposes statements made in foregoing paras are true to my knowledge . if false statement made on oath it amounts to perjury
ajay sethi (Expert) 23 August 2014
A Division Bench of delhi high court over two decades back in
Rajendra Jaina Towers (P) Ltd. v. Delhi
Development Authority 33 (1987) DLT 216 held as
under:
―27. All the statements in paragraph 11, to
which I have referred, were material for the
purpose of taking a decision in the case. As I have
tried to show, they were deliberately made and
carefully worded. Their object was to mislead and
overreach the court. The perjury was daring and
atrocious. Probably, Mr. Rajender Jain thought it
was worth taking the risk because the courts are
so reluctant to prosecute for perjury. That is the general impression which has caused perjury to become so rampant in our courts and resulted in vexatious litigation. It is clearly expedient in the
interests of justice, that Mr. Rajender Jain be prosecuted for the statements made in paragraph 11 of the petition, which he has incorporated by reference in his affidavit.‖
ajay sethi (Expert) 23 August 2014
Karnataka
High Court in A. Hiriyanna Gowda v. State of
Karnataka, 1998 Cri.L.J. 4756:
―1. The present application is filed under Section
340, Cr. P.C. and undoubtedly involves a power
that the Courts have been seldom exercising. It
has unfortunately become the order of the day, for
false statements to be made in the course of
judicial proceedings even on oath and attempts
made to substantiate these false statements
through affidavits or fabricated documents. It is
very sad when this happens because the real
backbone of the working of the judicial system is
based on the element of trust and confidence and
the purpose of obtaining a statement on oath from
the parties or written pleadings in order to arrive
at a correct decision after evaluating the
respective positions. In all matters of fact
therefore, it is not only a question of ethics, but an
inflexible requirement of law that every statement
made must be true to the extent that it must be
verified and correct to the knowledge of the person
making it. When a client instructs his learned
Advocate to draft the pleadings, the basic
responsibility lies on the clients because the
Advocate being an Officer of the Court acts
entirely on the instructions given to him, though
the lawyer will not be immune from even a
prosecution. If the situation is uncertain it is for his
client to inform his learned Advocate and
consequently if false statements are made in the
pleadings the responsibility will devolve wholly and
completely on the party on whose behalf those
statements are made.
2. It has unfortunately become common place for
the pleadings to be taken very lightly and for
nothihing but false and incorrect statements to be
made in the course of judicial proceedings, for
fabricated documents to be produced and even in
cases where this comes to the light of the Court
the party seems to get away because the Courts
do not take necessary counter-action. The
disastrous result of such leniency or indulgence is
that it sends out wrong signals. It creates almost a
licence for litigants and their lawyers to indulge in
such serious malpractices because of the
confidence that no action will result.therefore, the fact that the petitioner has pressed
in this application requires to be commended
because it is a matter of propriety and it is very
necessary at least in a few glaring cases that an
example be made of persons who are indulging in
such malpractices which undermine the very
administration of justice dispensation system and
the working of the Courts. This will at least have a
deterrent effect on others.‖
―5. It is true that the power that is now being
exercised is seldom exercised, but I am firmly of
the view that in the interest of the purity of the
working the Courts that it is absolutely essential to
take such corrective action whenever an instance
of the present type arises.‖
Advocate. Arunagiri (Expert) 23 August 2014
Many Judges are not interested in lodging the complaint u/s 193, because the Judge will be the defacto complainant and has to appear in the trial court for evidence.

This practically demotivates the Judges in entertaining the 340 cr.p.c petitions.
Rajendra K Goyal (Expert) 23 August 2014
Agree with the expert Advocate Arunagiri.
V R SHROFF (Expert) 23 August 2014
True: Courts are reluctant to take action..
They simplt says: This is false: this is true: and hat's why, This Order !!! OVER..

I APPRECIATE Shri AJAY SETHI FOR THIS valuable INORMATION.

I will like to know, how many were punished ?? Or it is as ineffective as RCR..
Al knows, All husbands give false lower income in DV/ 125/ Mtn / sec 24 Divorce;;
These are intentional, with motive to avoid/ reduce maintenance...
It is open secret.....
BUT WITHOUT PUNISHMENT...
CTION LIE// BUT NEVER PUNISHED..
SHRI RAJ; , TRY TO PUNISH HIM, BY EXPOSING IT ON HIGHER LEVEL, SO MAGISTRATE IS COMPELLED TO PUNISH HIM...

Let all realised; Court means KING. ; and tell a lie before KING intentionally cause trouble.. Let Court show it's Power.. Rulers) respect Rule/ Act/ Laws//
A. A. JOSE (Expert) 23 August 2014
Although this remedy is seldom resorted to by the litigants/lawyers, and precedents are rare, backed by the citations already given by learned Shri Ajay Sethi, I am of the view that you have got a strong case to successfully canvass the court to proceed ahead. Kindly share the final outcome of the petit ion also in this forum. Best wishes.
Raj Kumar Makkad (Querist) 24 August 2014
In my case not only the court lodged complaint but also the accused was charge-sheeted under section 193 IPC. The support of cases provided by Sethi is worth mentioning, I have also come to find the judgment cited in 2014 (1) RCR (Criminal) 651 in which Hon'ble Apex Court has clearly held that written statement if duly wrongly verified do attract section 193 IPC.
Raj Kumar Makkad (Querist) 24 August 2014
I shall definitely intimate you all the outcome of the suit. Argument has taken place and now it is posted for 29.08.2014 for the judgment.
T. Kalaiselvan, Advocate (Expert) 27 August 2014
I think you will come out successfully in the ensuing case, all the best sir.


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