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Fraud in order of consent minutes

(Querist) 22 January 2013 This query is : Resolved 
Respected Experts,
Application under Section 340 of the Criminal Procedure code has to be filed before the same Court where the fraud had been committed. When I obtained the certified copy of the fraudulent order of consent minutes marked as “X” to the order of the Hon’ble Justice, I found that the Hon’ble Court has passed an order on the consent minutes wherein out of four issues framed in the original Suit three issues of the original Suit for which the present First Appeal was filed and admitted were deleted and single issue was shown to be remained. The statement “the subject matter of the First Appeal is only Flat no.11” was inserted by fraud and Appellant was defeated to his claim on land and chawl by deleting other issues. I supposed that the Advocates of the parties and Justice in collusion derived the order in the consent terms but I cannot and nobody has a right to point out mistake of Hon’ble Justice publically. One of the issue was deleted was a chawl of the Appellant and respondent brother of Joint family. I am residing in the same chawl therefore I am affected.
If I file the Application under Section 340 of the Cr.P.C. the same Court, the Hon’ble Court will support the earlier Justice and might ignore the application. There is no guaranty imposed under Section 340 of Cr.P.C. for the Court must take cognizance. Is there any way to file complaint directly before Hon’ble Chief Justice? Or can I publish the matter to the news paper for corruption?
Regards,
Sadanand B. Panchal
Devajyoti Barman (Expert) 15 August 2013
No, you ca not. You have to file petition u/s 340 in the trial court itself.
Sadanand B. Panchal (Querist) 15 August 2013
Respected Sir,
Thanks for Advice.
Devajyoti Barman (Expert) 16 August 2013
you are welcome.


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