Hello People,
Please help me out with below situation,
My client is accused in a Complaint case under various sections including 384 of IPC. Today we took inspection of the case file in court and we came across some surprising facts as below,
1) The Complaint was filed on 25th March 2022 along with supporting affidavit dated 25th March 2022.
2) On 28th March 2022, the magistrate passed an order for verification on 7th April 2022.
3) On 4th April 2022, my client received the certified copy of Complaint wherein, the affidavit was not signed by Complaint, his advocate or any other authority administering oath.
4) But now while we took inspection today, the affidavit dated 25th March 2022 is signed by complainant, his advocate and below it was signed by the presiding judicial magistrate with heading "Before Me".
Now my question is, can a magistrate administer oath on an affidavit in support of Complaint after 10 days of passing an order for verification?
yes. He can sign after verification of affidavit. The reasons for verification of affidavits are to enable the Court to find out which facts can be said to be proved on the affidavit evidence of rival parties. Allegations may be true to knowledge or allegations may be true to information received from persons or allegations may be based on records
