Affidavit
inderjeet
(Querist) 05 July 2020
This query is : Resolved
An affidavit attested by oath commissioner was submitted to civil court as exhibit stating in to file no objection in criminal case when called upon. My query is that as the affidavit was filed in pressure from opposite party and when criminal case was called upon I did not submit no objection and my case was heard. Can I refuse to this affidavit which submitted in civil court that same was filed in pressure.
Rajendra K Goyal
(Expert) 05 July 2020
The affidavit was filed and the contents were not objected / witness was not crossed. It is doubtful challenge of its validity can be accepted in other case.
Discuss in detail with your lawyer.
Dr J C Vashista
(Expert) 06 July 2020
There is no requirement of filing affidavit in a criminal case.
You have submitted the attested affidavit in civil or criminal case ?
Either confused or attempting to confuse.
Sudhir Kumar, Advocate
(Expert) 06 July 2020
nothing conveyed. Please be clear what you want to ask. This forum does not solve riddles.
No use putting vague query again at
https://www.lawyersclubindia.com/experts/affidavit--720121.asp
inderjeet
(Querist) 06 July 2020
Dear Experts I apologize that I was unable to put my question properly. My query is that there was two different case one in civil and another criminal. The opposite party settle the matter of civil and also told me that I will not pursue the matter in criminal for which I was pressed to file one affidavit in civil that I will withdraw criminal case. But when criminal case was taken I did not withdraw. Now that affidavit which I have filed in civil court can opposite party use in criminal case. Please advise.
Rajendra K Goyal
(Expert) 06 July 2020
What type of criminal case and under which act / sections it was?
What are the reasons you want to back from your early filed affidavit?
Whether the offense in criminal case was compoundable or non-compoundable?
What are facts of the case?
Rajendra K Goyal
(Expert) 06 July 2020
What type of criminal case and under which act / sections it was?
What are the reasons you want to back from your early filed affidavit?
Whether the offense in criminal case was compoundable or non-compoundable?
What are facts of the case?
inderjeet
(Querist) 06 July 2020
Non compoundable and under investigation. I was told by opposite party that when police submits cancellation report I will not contest.
Rajendra K Goyal
(Expert) 06 July 2020
Whether police has submitted cancellation / final report? Discuss with your lawyer in detail.
Whether in your affidavit have you accepted the fact not to contest when police submit final / cancellation report?
Language of the affidavit need to be referred.
inderjeet
(Querist) 06 July 2020
Dear Experts yes police submitted cancellation report to court and I contested and filed objections to cancellation report. The court did not accept cancellation report and directed for further investigation. My query will my affidavit filed in civil court that I will not file objections to cancellation report have any effect.
Rajendra K Goyal
(Expert) 06 July 2020
Language of affidavit need to be referred, discuss with local lawyer.
P. Venu
(Expert) 06 July 2020
No meaningful suggestion is possible unless you are willing to disclose all the facts.
Dr J C Vashista
(Expert) 07 July 2020
Either no case is there on record and it is a hypothetical exercise or you are unable to communcite properly.
It is advisable to consult a local prudent lawyer for better appreciation of facts, professional guidance and necessary proceeding, if there is some real dispute.
Hemant Agarwal
(Expert) 07 July 2020
1. Filing of Affidavit in ANY court pertaining to an event /issue and THEN rebutting /contradicting the same in ANY other court, amounts to prosecutable offences of contempt and perjury.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
inderjeet
(Querist) 08 July 2020
Dear Mr.Hemant if on the pressurize of the opposite party files that no objections will be filed in criminal case but does not file in the interests of justice and law and proceed and case sent to police for investigation.
P. Venu
(Expert) 09 July 2020
Please post facts, not riddles.
Rajendra K Goyal
(Expert) 09 July 2020
Affidavit was submitted in the court, was signed by you, admitted by the court. It was not submitted before the police where you can claim that it was a result of pressure.
inderjeet
(Querist) 10 July 2020
Dear Experts I have consulted with local lawyer and they advised that in criminal complaint filed by me against OP can only be withdrawn if I give my statement before the CJM by appearing in person. The affidavit which I have submitted in civil court regarding criminal case will not yield any effect. Please suggest comments by Experts.
Rajendra K Goyal
(Expert) 11 July 2020
any wrong statement oral or by an affidavit before court may attract proceedings related to contempt.
inderjeet
(Querist) 11 July 2020
Local lawyer advised that in civil case on the instance of OP I filed affidavit that in criminal case I shall file no objections. But when in criminal case I was called I came to know my rights that both civil and criminal cases are different and I filed objections to cancellation report and court findings were ordered for further investigation. What's wrong. Experts advise if any.
Rajendra K Goyal
(Expert) 17 July 2020
Unable to agree with the advice of local lawyer. However, nothing concrete can be advised further without referring full case file.
