498a, 406, 125 & prejury
Singh
(Querist) 29 December 2012
This query is : Resolved
Sir
I have got interim bail for 498A, 406 from HC. Bail proceedings/hearing is still on. Now, my ex has filed Maintenance case in which she has given contradictory statements as compared to given in 498a/406 F.I.R/complaint.
I want to file a prejury, where i should file same, in HC where my bail proceedings are on to get the bail advantage or in the court where she has filed maintenance (Sec 125).
Will these contradictory statements will help me in getting bail (Recovery has already been done and Mediation has failed there in HC). But as the case always is, complainant party is still falsely claiming that so many precious items etc. are yet to be recovered from me. Please suggest.
Thanks
Nadeem Qureshi
(Expert) 29 December 2012
Dear Mr. singh
you can file the complaint before the court in which the case u/s 125 Crpc is pending u/s 340 of Crpc.
edure in cases mentioned in section 195.
(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) Record a finding to that effect;
(b) Make a complaint thereof in writing;
(c) Send it to a Magistrate of the first class having jurisdiction;
(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and
(e) Bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed, -
(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;
1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, "court" has the same meaning as in section 195.
Feel Free to Call
Devajyoti Barman
(Expert) 29 December 2012
For getting bail mere perjurious statements would not be much help. You have to show frivolity of her allegations.
False statement in complaint which is not supported by affidavit is not a ground for perjury.
Guest
(Expert) 30 December 2012
Agreed with experts' opinions.
Raj Kumar Makkad
(Expert) 02 January 2013
There is no issue of prejury merely if contradictory statements/stand has been taken by complainant in two separate matters. You can get benefit on merits but no prejury is made out.