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Section 340 CrPC

(Querist) 06 July 2009 This query is : Resolved 
Ld Counsels,

Anticipatory bail was ordered based on a complaint and based on the submissions made by prosecution. The court did not procure a copy of the complaint from police. Later the same complaint was altered/improved with more allegations, which makes the prosecution case different from the one mentioend during the anticipatory bail hearing.

Now since the complaint is used in the judicial proceeding though not submitted to court, will any tampering with the compaint prima facie attract the provisions of section 340 of CrPC.

Also please clarify, whether written contradctions between civil suit affidavit and criminal complaint/statement attract the same section 340.

Swami Sadashiva Brahmendra Sar (Expert) 06 July 2009
Dear Rangnath, what is meaning of the complaint here? is it a complaint in the court/ is it record of the court? if so, s 340 is applicable.
Ranganath (Querist) 06 July 2009
It is the criminal complaint filed to police and NOT submitted in any court. But high court ordered bail based on the allegations in the complaint, hence we can say the complaint is used in judicial proceeding. AB was ordered with no crime number menitioned and the complaint was on the file of sub-inspector and a copy given to public prosecutor for his records. But the complaint was later improved with new allegations.
PALNITKAR V.V. (Expert) 06 July 2009
I dont think that Sec. 340 is applicable in this case. Similarly, mere contradictions without any intention of perjury will not attract sec. 340
Ranganath (Querist) 07 July 2009
Dear Mr. Palnitkar, Thanks for the clarification. In case of the contradictions I am able to see a clear intent of perjury. The contradiction is with regards to the isthridhan articles.
In her statement to police she had mentioned that all the articles have been taken from my house. Where as in the divorce petition she had mentioned that those are still with me and prayer has been made to direct me for the return of those articles.

Can it be called perjury ?

In case of the criminal complaint yes the forged complaint is not yet used in any court so far, but if used will it amount to perjury. Police are trying to hide the first complaint under the carpet.

Kindly clarify.

Ranganath (Querist) 07 July 2009
Ld Counsels, Kindly go thorugh this long judgement and clarify tampering with a complaint attracts section 340. Bcos it deals with forgery in bail appliations and administrative lapses as well.

Thanks for reading the judgement.

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