FALSE EVIDENCE
queryking
(Querist) 21 March 2011
This query is : Resolved
Defendant has produced a false document in the original proceedings, it is marked as exhibit, I filed an application under section 151 of CPC requesting the court to register criminal case against him for the offense of giving false evidence but the court rejected my application stating its a bare injunction suit and its needs a lengthy evidence. Again i filed an PCR under section 200 of Cr.P.C RWS 195 and 340 of Cr.P.C, now the court has raised the objection about maintainability of the complaint by stating that, only the court can give complaint, a party cannot file complaint to take action. is my complaint maintainable? is there any citation,judgments in support of me? the alleged offence are punishable under section 193,196,471 of IPC
Devajyoti Barman
(Expert) 21 March 2011
The party can file a petition u0s 340 crpc so that the court on getting satisfied abut the prima facie case starts an inquiry and thereafter take cognizance of the same. So it is the court which takes cognizance but only after complaint by the party to the case.
