Submitting fraudulent affidavits.
498A_HARRASED
(Querist) 09 December 2014
This query is : Resolved
1) In DVC and MC case against husband, affidavit was filed with no date, no affirimation, no details oath administrator(lawyer in this case), and no name of oath administrator by the petitioner in both the affidavits, making these documents utter waste paper on the records of the case.
2) Just FYI.... 498A case is stayed by HC for all the persons arrayed in it including husband and for DVC HC stayed the matter for all the persons (R2 - R7) except husband (R1).
3) Husband, filed a complaint petition to Chief Justice of High Court through post against the DVC and MC courts about the said violations in the affidavit and which violates many sections under the Criminal Rules of Practice and Circular Orders, 1990 whereby the procedure to accept the proper affidavit is postulated by the HC causing reverberating harrasement to the litigant public i.e., husband.
4) It was also further informed in the compliant that the initial 498a compliant filed was having allegations of harrasement on demand of money in connection with debts not dowry coz of which HC stayed but these DVC/MC was framed in connection with demand of dowry, which prima-facie establishes that the latter compliants are false on the face of the record and the complinant suppressed her own previous submission which was on her knowledge, thereby playing fraud on the courts.
5) The High Court started investigating the matter based on the compliant and in the course of enquiry it is revealed that all those affidavits were waste paper and prima facie there are severe and gross violations. The presiding judges of those two courts itself was the IO and based on their enquiry report, memos were issued by HC to the Supdt of both the courts which was accessed through RTI.
6) Further investigation was initiated by HC against the lawyer of petitioner too for filing those frivolous affidavits and the reports were submitted by both the Judges to HC just 2 weeks back.
Now the real question is that, both the judges have done all the things but they are not dismissing the cases in mean time. Please provide comments or suggestions...
Devajyoti Barman
(Expert) 09 December 2014
Go to high court in quashing then and bank on those reports.
498A_HARRASED
(Querist) 09 December 2014
Thanks Deva Sir. Can you please let me know what other options available apart from quashing.
Devajyoti Barman
(Expert) 10 December 2014
tHE MOST SUITABLE OPTION IS ALREADY ADVISED.
malipeddi jaggarao
(Expert) 10 December 2014
Two weeks is too short a period for taking decisions by Judges. They may take these into consideration on the next hearing date. You will have to wait and exercise patience. As the things are in your favour, there is no need to be panicky.
Rajendra K Goyal
(Expert) 11 December 2014
Agree with the expert Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 13 December 2014
You may approach the trial court itself with a petition to dismiss the case based on the false affidavits which are available now in the same court record.
498A_HARRASED
(Querist) 13 December 2014
Thanks to all suggestions from all experts. Kalaiselvan Sir, could you please provide me under what section we could file the petition in trial court.
498A_HARRASED
(Querist) 14 December 2014
Hello Sir,
Please let me know if filing u/s 258 Cr.P.C will be beneficial.
T. Kalaiselvan, Advocate
(Expert) 14 December 2014
If you found that the affidavit is false and she has not approached the court with clean hands, in your counter you can seek dismissal or if it is within limit, you may file discharge petition too, but it wont be applicable to this case.Even without mentioning any section you can file a memo seeking dismissal of her present case being a fraudulent one in nature with the help of the evidences in your possession, if you are appearing as party in person.
