Criminal complaint for petitioner file false claim in civil
SAKSHI PATIL
(Querist) 31 August 2018
This query is : Resolved
Hello Sir, In a civil suit, petitioner has filed plaint a false claim Is it possible to initiate a criminal suit against him.
Fact are : petitioner claim probate suit basis of A WILL, But suit property not the self – acquired by the deceased.
Thanks!
KISHAN DUTT KALASKAR
(Expert) 31 August 2018
Dear Sir,
Such cases are called as perjury. It is as follows:
=======================================
IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)
O.S. No.2456/2017
BETWEEN:
Mr. Sandeep Bathija,
S/o. Late Srichand Kishindas,
Aged about 45 years,
R/at No.11, 4th floor,
Orchard Apartments,
Lower Palace Orchards,
Bengaluru – 560003.
….. Plaintiff
AND:
Sri. Mahesh Vashdev (Senior Citizen),
S/o late T. Vashdev,
Aged about 71 years,
Door No.118, 26th Cross, 6th Block,
Jayanagar, Bengaluru – 560070,
And another ….. Defendants
APPLICATION UNDER SECTION 340 READ WITH SECTION 195 OF CRIMINAL PROCEDURE CODE, 1973
May it please your Honor:
For the reasons stated in the accompanying affidavit it is humbly prayed to lodge a complaint against plaintiff, in the court of jurisdictional magistrate for preliminary enquiry and registering a case for the offences punishable under sections 340 read with section 195 of Criminal Procedure Code, 1973, in the interest of justice and equity.
Applicant/Defendant No. 1
(In person)
IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)
O.S. No.2456/2017
BETWEEN:
Sri. Sandeep Bathija ….. Plaintiff
AND
Sri. Mahesh Vasdev and others ….. Defendants
A F F I D A V I T
I, Sri. Mahesh Vashdev (Senior Citizen), S/o late T. Vashdev, Aged about 71 years, Door No.118, 26th Cross, 6th Block, Jayanagar, Bengaluru – 560070, (Mob:9845405202), do hereby state on oath as under:
1. That I am defendant No.1 in this case as such know the full facts of this case. The plaintiff filed the present suit claiming himself as a co-sharer of the property and on the other hand claiming to the absolute owner of the suit schedule property. If at all he is co-owner he ought to have obtained consent of other co-owners by way of Power of Attorney before filing the suit. He entirely stated falsehood in his affidavit and also in his plaint which were declared by on ought as true and correct and also verified the plaint contents. Thus the very contrary contentions taken by the plaintiff in this case goes to show that he attempted to mislead this Hon’ble Court in order to grab illegal possession of suit schedule property.
2. When false affidavit or false documents were given in any quasi judicial or administrative proceedings, then a private complaint can be filed U/s 200 before competent magistrate. The Plaintiff claims to be a co owner of the Property. The Plaintiff has filed a suit for property partition against his family hence the said property rights are not with clear Titles. The Plaintiff has not disclosed the truth.
3. The deponent further states that, the Plaintiff submits that the 1 Defendant is a uncle. The deponent further states that, the Plaintiff has been tying a Rakhi to the wife of the 1 Defendant therefore the relationship changes. The deponent further states that, the Plaintiff has deliberately not disclosed the true fact.
4. The deponent further states that, the lease agreement was not made with any favors. The deponent further states that, the lease agreement was drawn with a intention of generating a Revenue so as to meet the Legal expenditure of Property Settlements Suit and other expenses. The 1 Defendant has been paying Property taxes and Property maintenance charges from the day the Plaintiff has entrusted the authority to the 1Defendant. The deponent further states that, the Plaintiff has not disclosed to the Honourable Court with a intention of misleading the true facts.
5. The Plaintiff claim that he has not received the security deposit of Rs.100000 is also false as the 1 Defendant had made a expense of the amount to get his wife a bail and providing a bond to the High Ground Police Station as she was involved in a Criminal Case.
6. The deponent further states that, the Plaintiff statement stating that the Defendant 1 has not done anything is completely false. The Defendant 1 has arranged for the Plaintiff Funds for his lively hood and the main house for him to live undisturbed with complete privacy.
7. The deponent further states that, the Plaintiff brother filled a police complaint against the Defendant as trespassing the said property. The deponent further states that, the Plaintiff made the Defendant file a suit for Injunction against his brother an himself.
8. The Plaintiff voluntarily put a sub lease clause for the benefit of the Defendant No.1 as services rendered.
9. The deponent further states that, the Plaintiff has never demanded any money as he knew that the Defendant No.1 is spending for his problems. As a matter of fact his wife has been taking funds from the Defendant No.1 from time to time for her Case against her mother in law. The deponent further states that, the Plaintiff has willingly extended the lease agreement on the ninth day of June 2014.
10. The deponent further states that, the Plaintiff has no need for the property as he loves to live in his father house which is very dear to him in remembrance of his late Father. The deponent further states that, the Plaintiff has executed a will in favour of the Defendant and also promised fifth percent of his share. He has promised in front of his Uncle and Aunty Mr. and Mrs. Beharilal Bathija when we went to attend a Marriage of his niece. Thus the conduct of the plaintiff invites criminal offences as such a criminal case as to be registered in view of documents available on record that is his own plaint and its verification and his other pleadings and affidavits. The entire documents and pleadings filed by the plaintiff and defendant No.1 shall be read as part of this affidavit.
11. Thus it has been established the plaintiff mislead this Court for the purpose of misleading the lawful authority thus plaintiff needs to be tried for the alleged offences which may be disclosed during the course of investigation and likely to disclose offences u/s 191,193,195,199 of IPC, 1860and be punished accordingly.
I, the above named deponent declares that the contents of this affidavit are true and correct to the best of my knowledge, belief and information.
Identified by me DEPONENT
Advocate
Place: Bengaluru
Date:
Dr J C Vashista
(Expert) 01 September 2018
Show the document of will to some other local lawyer and proceed as advised.
A. A. JOSE
(Expert) 01 September 2018
Though you may have remedy filing application for perjury, it is wise for your to seek guidance from a local Lawyer before proceeding with the such an action.
SAKSHI PATIL
(Querist) 04 September 2018
Dear all sir,
thanks for your valuable advice
