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Fraud documents

(Querist) 15 March 2011 This query is : Resolved 
1. What sections of CPC will apply to a person if he/she knowingly commits a fraud and obtains documents related to a property by fraudulent means i.e. by falsely stating the facts.

2. What happens if the same person goes to the court and knowingly submits the same papers obtained frauulently, in front of a judge in a court. Can the judge send him to jail, if yes again what sections of CPC will apply to him.

3. What is the procedure for filing a police report (F.I.R) in Delhi against such crime as it has happened to us and how can we file a police report and what sections of criminal code will be applied..
Devajyoti Barman (Expert) 15 March 2011
You can either lodge a complaint and initiate a crminal proceeding for committing various crimes or file in the same court a petition u/s 340 crpc to send the same to the Magistrate for causing necessary inquiry for taking cognizance of the case.
G. ARAVINTHAN (Expert) 15 March 2011
even in a civil case, if some one found to play fraud upon court by placing fraudulent documents, court may on its own motion or when a party files application can refer complaint to a judicial magistrate
prashant pundhir (Expert) 15 March 2011
File a petition u/s 340cr.p.c. in the same court in which they did falsification .The court will issue notice to the accused persons . If from the evidence it proves that they did so, then the court itself will take the initiative and punish them .
SANJAY GUPTA (Expert) 16 March 2011
from your query it is clear that the case is pending before the civil court and here section 340 of criminal procedure code is not attracted, you can file a letter of complaint before the police for the offence of fraud but if the matter is pending before the civil court for the adjudication of the same, you can not complaint before the judgement of the case.


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