340crpc r/w 195 crpc


if injury report in charge sheet is forged and this forgery has done before submitting charge sheet to the court. as per law can i move for sec 340crpc r / w 195 crpc ?
 
Reply   
 
Lawyer

What is the opinion and advise of your lawyer, proceed accordingly.

 
Reply   
 



The moot question is that have you been 'summoned' by the concerned court to appear before it as an accused to face/answer the charges.
 
Reply   
 

Sec 340 of the Criminal Procedure Code is about perjury which is, in this matter, not attracted. This's not perjury but forgery. You may file a Complaint against the Subinspector of Police who filed the Charge Sheet. This's known as Cross Case. A subinspector of police is not a public servant and Sec 195 of the Criminal Procedure Code is not an impediment. I may be wrong but, Dear Experts, oppose me with dignity.
 
Reply   
 
Advocate

Why if? Is this not a real issue?

 
Reply   
 

sir om prakash we have not been summoned yet to face charges.
 
Reply   
 

Then the question will arise as to how do you know that the injury report has been forged by the doctor or the police? Because, the injury report is made by the government doctor and not by the police, (subsequent to production of the victim for medical examination before the govt. doctor). And the police will not supply all those related documents including the injury report to the accused, instead those documents would be supplied by the Court, where the investigation report/chargesheet is submitted by the police. However, supply of documents by the court would be done only after the accused are summoned by the court to face charges. Since, you haven't been summoned yet by the court then how would you know that the injury report has been forged by either govt. doctor or the police. Would you please clarify these?
 
Reply   
 

sir om prakash i have received the charge sheet in charge sheet i have got the injury report with some govt documents i came to know that injury report is forge.
 
Reply   
 

Dear Wahid Mirza, if you are in receipt of charge sheet with unknown sources and not through the court (as has been explained before) then it is of no legal worth to be used for challenge or seeking discharge, before the framing of charges and commencement of the trial. The SC in Adalat Prasad has ruled that evidence could be used by the accused before the commencement of the trial too, but in your case, you must show as to in which legal way the forged injury report is possessed by you. If you wanted a legal suggestion then please answer to my questions.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu