Hi Learned gentlemen,
I wish to know if a private complaint can be filed under Section 340 CrPC r/w Secton 195(1)(b) [under the blanket of placing fictitious documents on the record of a court's proceeding]
Some facts of the matter:
- Perpetrator is a official of the Delhi Government
- He has knowingly added false document and submitted them as evidence in a proceeding case, by forging the signature in the said documents.
- The original case is still proceeding; However the person whose signature has been forged is ready to testify either in person or through an affidavit that his signature was faked
Is there a bar for private complaints that can be filed under this section (or any other relevant sections) against public servants?
From my understanding, prosecuting officials via an FIR or through PC Act is not feasible, as it sanction of the state government is required, which may take forever.
However, a magistrate may be allowed to take cognizance of this matter as it involves perjury/false documents in evidence. I require more clarity on this,
If there are any preceedents where public officials who involve in blatant corruption have been prosecuted in this manner, kindly advice
Thanks in advance!
