False affidavit filed in Supreme court

swetha (Querist) 17 June 2011 This query is : Resolved
I understand that my husband has filed a transfer petition in supreme court with False statements in affidavit to transfer a criminal case (498a).

1) Can I file a private complaint in delhi magistrate court as jurisdiction is delhi.

2) Please suggest me Judgements on article 142 used for quashing a 498a case in transfer petition(criminal) in supreme court as abuse of process of law.

Thanks in advance.

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PALNITKAR V.V. (Expert) 18 June 2011
Private complaint for what? For making false statement or what?

Kiran Kumar (Expert) 18 June 2011
you can raise the same point before the Hon'ble SC as well.

the SC can impose penalty and further can direct for registration of case against the petitioner for giving false affidavit.

Advocate. Arunagiri (Expert) 18 June 2011
If you challenge the false affidavit, you can not file a private complaint. You have to file a petition u/s 340 cr.p.c.

prabhakar singh (Expert) 18 June 2011
IN FALSE AFFIDAVIT CASES,ONE SHOULD PERSUADE THE COURT ITSELF TO TAKE ACTION AGAINST THE DEPONENT WHO HAS FALSELY DEPOSED BEFORE IT.

Devajyoti Barman (Expert) 18 June 2011
Yes, you have to file petition u/s 340 crpc in the supreme court itself.

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