case instituted upon filing a false evidence
Guest
(Querist) 13 January 2011
This query is : Resolved
If a case has been instituted by petitioners relying upon some documents, which are false and fabricated by themselves and they know it to be false, which section of IPC relates to this kind of perjury and under which sections of crpc, we can pray for initiation of proceedings before the court dealing with the matter, keeping in view that the evidence was not fabricated during the proceedings but, while the case was instituted ?
Gulshan Tanwar
(Expert) 13 January 2011
What was the purpose of this perjury, then only the exact section can be told.... else start from chapter XVIII... S.471 IPC is first then other sections and Under 340 CrPC you can lodge your grievance to the MM for the perjury.
Gulshan Tanwar
(Expert) 13 January 2011
There are many other things attached with the same... step by step many sections can be added...
Guest
(Querist) 13 January 2011
Mr. Tanwar I think sec. 340 is attracted while the perjury is caused during the proceedings of a case but, what if the false evidence is attached with the petition in high court, since the filing of case and now we have enough proof to prove the same to be false.
N.K.Assumi
(Expert) 13 January 2011
Refer to Section 191,193 and 199 IPC.
Gulshan Tanwar
(Expert) 13 January 2011
There is lots of difference between 'think' and 'is'... the proceedings are vitiated and this had to be proved from your side and then you can file different types of cases and also can seek compensation from the person who did it and the person who without going into the merits adjudicated it, though the persons who adjudicated it are saved due to operation of s.77 and s.79 of the IPC, as they have done it in their course of duty.
Lodge complaint by attracting s.471 first and then follow the other procedure, if the Judge finds that other provisions are attracted also then in his reasoning he will admit those provisions and thence the case will start and after proper proofing and proving you will see the benefits.
First you have to undergo the longevity test and after your statement then see what prosecution is going to do in that regard, pray for arrest as well as notice.... when the notice is issued, arrest is not imminent but the circumstances must be cast via application that the person will not produce himself before the court and if the Court is satisfied arrest will also be issued.
As this is matter of s.471, in Delhi bail is not available for the same. Rest we will know later that what is going with your matter.
Regarding the attachment of the false document at DHC, you must prove it to be sham and bogus document and not just it to be false document.
About the veracity of the document, go with the 'gsm' of the paper used in different types of office documents as there are certain suppliers who are supplying the quality paper. This will be bonus thing in your side as nobody will go through the 'gsm quality' of the paper.
Gulshan Tanwar
(Expert) 13 January 2011
If it is Central Government then it is in between 80-90 gsm whereas in State governments it is in between 75-95 and if it is corporate office then more than 90 gsm.
Also you can go with the registration and copy right side of the Corporation/ Company as they have provided with their style name etc. along with the paper. It will help you in findings.
Gulshan Tanwar
(Expert) 13 January 2011
Whether it is Executive Bond, or simple Bond or other types of paper. Dont go with the size of the document instead check whether it is offered in the market; cross-examination will prove it more.
Ajay Bansal
(Expert) 14 January 2011
See judgement of five Judges of Supreme Court in Iqbal singh's case[reported in every book,having citations of criminal side for year 2005.
Amit Minocha
(Expert) 14 January 2011
file a complaint u/s 340 Crpc rad along with section 191, 193,199 IPC. Let court evaluate your application after calling reply thereof..
