Perjury and objection
Manoj Deka
(Querist) 28 December 2014
This query is : Resolved
Respected Sir please see and guide whether perjury case made out and this objection letter is o K please.
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE,
CASE No. P.S. xxx/11
G.R. No. xxxxx/11
In the Matter of
Sri Manoj Deka INFORMANT
VERSUS
xxx P.S, xx Mahatoo, xxx Mahatoo and his family member.
I solicit before the Hon’ble court to consider my submission and objection in respect of the above noted Case. I have strong objection against the F.R. submitted by the xxx Police Station. My objections are as follows:-
1. The then O.C. of xx P.S. made threatening phone call to my wife from mobile number 94351xxx, no investigation has ever made for this call.
2. Then O.C and I.O. Alom Ahmed intentionally charged my son Sri xxx Deka u/s 366 on 26/05/11 and sent him jail keeping aside cogent circumstantial evidence.
3. miss Mahato lodged an FIR u/s 498a on 16/10/11stating that she is legally married wife of Sri xx Deka, whereas no such marriage were ever solemnised, charge sheet of case No. 190c/11 is evidence of no marriage, since it was claimed that on 18/5/11 she got married by xxx Deka, whereas on 18/5/11 at 7 PM she and her father were threatening to xx Deka to marry her over phone. She also stated in the FIR that me, my wife and xxx Deka compelled her for rented house and used to demand rupees 3 (Three) Lakh by way of dowry. Since xxx Deka never married to xxx Mahato rather he was forced to stay with the girl, to vindicate this please refer case No. 192c/11 and its charge sheet. Sri xx Deka reported much earlier to police that he is being blackmailed by the girl side rather taking any action on the information the police in connivance with the girl side my son was arrested and incarcerated, after that the girl side arranged for bail falsely stating before the court that they had entered in to a compromise that we will accept the girl as daughter in law (Bail No. Crl. Misc xxx/2011) in this pretext my son got bailed and took my son with them threatening him that if he do not stay with the girl as husband and wife than bail will be cancelled and he will be sent jail again for ten years imprisonments. From the very beginning we are postulating that we will not accept the girl as daughter in law we informed this to court also in connection of case No. xxc/11 and my son also supported us and informed the police
about the blackmailing (Case No. ccc/11). After obtaining bail by way of wangle by the girl side of my son the girl stayed somewhere else with her mother along with my son and we never meet the girl or his any family member to demand Rs 3 lakh as such question for dowry demand were a complete false case. Therefore I requested the Police to lodge FIR against complainant u/s 182 and 211 read with 511 IPC the police did not register the case.
4. The whole incident and all the cases with Miss xx Mahato, Sri yy Mahato and his family with my son Sri xx Deka and my family are for partial investigation and for connivance between the Police and with the Mahato family. (Circumstantial evidence available)
5. I.O. xx Ahmed by way of fraudulent implicated my son Sri xxx Deka in a kidnapping case keeping aside our submission dated 18/5/11 and onward submission.
6. The then investigating officer for the case (G.R) No.xxxx/11 Mr. xx Ahmed is accused (U/s 167) IPC for quoting over age of my son (Evidence available) to misguide, convince the court that my son is elder enough to marry according to law of the land and for altering the date as 23/05/2011 in GDE No. vvv to establish that the FIR (U/s 366 IPC) of Mrs xxx Mahato (Mother of Miss yyy Mahato) was lodge much before the missing report of my son.
7. I.O. Mr xxx Ahmed in the Accused Forwarding Report (PS Case No. xx/11 dated 26/5/11and in the charge sheet No. cccc/11 stated that the case is established u/s 366 IPC but in another case No bbbc/11 another I.O. stated in the charge sheet that:-
..”during my enquiry it came to light that Miss xx Mahato and her father namely vvv Mahato... threatened the complainant xxx Deka over their respective mobile phones on and off and on 18/05/2011 at about 7 PM also the aforesaid persons noted in the colmn No.3 threatened the complainant xxx Deka from their respective mobile phone to the complainant mobile phone to marry xxxx Mahato with an warning if the complainant xxx Deka failed to fulfil her demand then she will commit suicide so it is revealed that the 2nd party noted in the colmn No. 3 committed offence u/s 506/507”....
Depending on the first report my son Sri xxx Deka were sent to jail both report are contradictory therefore between the two I.O. someone must have filed false report before the honourable court. Because 18/05/2011 is the same date of incident one I.O stated that xxx Deka kidnapped the girl on 18/5/11 and another I.O. stated that xxxx Mahatoo and her father was making threatening phone call to xxxxx
Deka on 18/5/11 beyond the specified time of kidnapping as reported by the Mother of the girl in her FIR.
8. On 18/05/11 I and my son Sri xxx Deka went to the P.S. after 10 PM to lodge a FIR against xxx Mahato and her family for their threatening call but the P.S. refused to accept our written submission for this the State Police Accountability Commission Assam has expressed its displeasure on the conduct of the then SP and O/C xxxx PS. (Order copy available)
9. In my FIR dated 21/10/11 I informed that my son is beaten up by them and forced to live with the girl by way of blackmailing and threatening, police did not take any action even the police did not felt necessary to ask my son whether he is staying there under any threat or he is living of his will.
10. The girl side did their best to released my son on bail by misguiding the Hon’ble court that we made compromise with xxx Mahato and with her parents to withdraw the kidnapping case (Girl side has given this false written statement before the District Judge. Case No. xxxxx/11) whereas no such compromised we ever made rather we filed complaint case while she threatened me and my wife in front of the jail just few days before granting bail to my son the case was registered u/s 506 IPC case No.mmmmc/2011 in this case xxxx Mahato were convicted.
11. They (the girl side) lodged kidnapping case against my son they released my son on bail in the pretext of compromise and took him to their home and arranged to live together with the girl since we did not accept the girl as daughter in law and we informed that we will never accept xxx Mahato as daughter in law therefore the girl side perturbed us by trying to implicate us in heinous case u/s 498a. They took my son with them they arranged for living together this was their own decision for this if they did any expenses how we can be guilty.
12. The girl side first lodged (false) Kidnapping case u/s 366 and send my son to jail even though we did not yield, secondly when they understood that at any cost we will not accept the girl, immediately they filed dowry demand and DV case u/s 498a / 34 IPC to perturb us.
13. O.C and I.O cc Ahmed of Dibrugarh Police Station has done criminal offence u/s 191,193,199, 211 IPC therefore proceedings may kindly be directed.
If a public officer abuses his office either by an act of omission or commission, and the consequence of that is an injury to an individual, an action may be maintained against such public officer (SC)
14. Police should lodge FIR u/s 182,211 read with section 511 IPC for giving false information by xxx and xxx Mahato and 191,193,199 for perjury.
15. Police officer threatened us, I.O. xxx Ahmed did not follow the due process of law, my son Montu Deka has lost his academic life he is now in depression all these are for arbitrary decision of the police officer and our Azaher were refused to accept on 18/5/11 I am afraid that how my son will survive in his life.
For all the above noted reason I place my objection before the Hon’ble court against the F R and solicit the court to take legal action against those earring officials and perpetrator.
Informant
Raj Kumar Makkad
(Expert) 28 December 2014
Post your query in precise manner otherwise it is very difficult to respond the same due to shortage of time.
Dr J C Vashista
(Expert) 29 December 2014
Be precise in your query, too long story.
Consult a local lawyer.
ajay sethi
(Expert) 29 December 2014
engage a local lawyer
Rajendra K Goyal
(Expert) 29 December 2014
Consult a local lawyer and show him the documents.
T. Kalaiselvan, Advocate
(Expert) 30 December 2014
Consult a local lawyer with relevant details and take his advise for further proceedings.
