Civil Procedure Code (CPC)

Why speedy trial and perjury ?

Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

                  498A

 

Dear Friends,

 

I have seen people have lot of questions/confusion on Speedy Trial, Perjury and Quashing. Let me try to enlighten it.

 

“History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.” . . . Martin Luther King, Jr.

 

Corruption in India is not because of bad people are more, because of right people do not take right action at right time.

 

According to data available with the apex court, the number of pending cases with the Supreme Court is 64,919 as on December 1, 2014.

 

The data available for the 24 High Courts and lower courts up to the year ending 2013 showed pendency of 44.5 lakhs and whopping 2.6 crores, respectively.

 

Of the over 44 lakh cases pending in the 24 high courts of the country, 34,32,493 were civil and 10,23,739 criminal.‚Äč

 

The maximum pendency of civil and criminal cases together was in Allahabad High Court with 10,43,398 cases while the minimum was in Sikkim with 120 cases pending at the end of 2013. The Delhi High Court had a total of 64,652 cases pending before it.

 

More than 32 million pending cases in high courts and subordinate courts across the country.

 

From aforesaid data we can easily realize that Indian Judiciary System which is driven by corrupted Advocates and Judges never wishes to arrive at the truth, punish the guilty and protect the innocents. These Advocates and Judges have created a wrongful extortion racket to harass innocents and squeeze their money.

 

Justice delayed means Justice Denied

 

  1. Criminals always try to delay court process to avoid conviction.
  2. Those who have registered false cases for malicious intention also try to delay court process to prolongate harassment.
  3. From the aforesaid data we can realize that Indian Judiciary System which is driven by corrupted Advocates and Judges supports both a & b.

 

It is our duty to stop.

 

It is said that – “The best defense is a good offense”.

 

Perjury and Speedy Trial is the ultimate weapon.

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of Section 32 of Advocate Act.

 

  1. Never file Quashing unless you have Anticipatory Bail or Regular Bail.
  2. I never advised quashing alone. Quashing is not easy. I always advise quashing with speedy trial, that is, there should be a 2nd prayer in the same quashing petition for speedy trial to dispose of the matter within certain period (For 498A and others it should be 6 months; Please refer Sec. 21-B of Hindu Marriage Act / 40-B Of Special Marriage Act whichever is applicable) as facing lengthy trial deprives personal liberty as per Article 21 of Indian Constitution.

 

FAQ - on Perjury & Speedy Trial

 

  1. Why I advise Quashing with Speedy Trial? Not only Speedy Trial?

 

Ans: - Usually 498A cases or any false cases the false and concocted statements are recorded in FIRs and Charge Sheets. In Quashing and Speedy Trial process, your submissions will be recorded in the High Court order which will be act as very good evidence during the trial.

 

Can perjury and defamation be filed in parallel as a courter case?

 

Ans: -  Yes. Perjury should be filed U/S 340 CrPC read with 195 CrPC.

Defamation should be filed U/S 499 IPC read with 500 IPC.

 

When can I file Perjury?

Ans: -  Perjury can be filed at any stage of a criminal or civil proceeding. It is advisable that perjury and WS (Written Statements) should be filed together for any civil (like divorce, RCR, Child custody, DVA-quasi-civil, 125 CrPC-quasi-criminal) and/or criminal proceedings (like 498A (WS not required)).

 

Where can I file Perjury?

 Ans: -  Perjury should be filed in the same courts where civil / criminal cases is going on respectively. That is for 498A, DVA, 125 CrPC, Divorce, RCR, . . . . . , etc. distinct Perjury petitions should be filed in the same courts respectively.

 

How many times can I file Perjury?

Ans: -  This depends how many times your opponent have filed false petitions. If the number of false petitions are "n" then you can file n-number of times in the same courts respectively.

 

Why all Advocates reluctant to file Perjury and Defamation?

Ans: -  Because Indian Judiciary System which is driven by corrupted Advocates and Judges never wishes to arrive at the truth, punish the guilty and protect the innocents.

 

Can I file Perjury and Defamation Party-in-persion?

Ans: - Yes.

 

Can my relatives/friends file my cases party-in-persion?

Ans: - Yes, by securing power of attorney as power of council as per sec 32 of Advocate Act.

 

If Judges willfully delay my Perjury Petition(s), what to do?

Ans: -

 

  1. First pray to that judge to write in the order-sheet the reason why he/she does not wish to register the case. Refer the citations in my links in favor of your argument. (By giving a put-up (Sec. 151 of Code of Civil Procedure (CPC)).))

 

  1. Complaint against that judge to the chief District judge in written petition and pray to transfer the matter to a first track court for expedient trial. (Sec. 24 of Code of Civil Procedure (CPC)).

 

  1. You can approach to HC and file Criminal Writ (if a & b fails) as I have suggested in my links.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1


Total likes : 2 times

 
Reply   
 
Bangalore

Vote wisely............

 
Reply   
 


deep

 
 
Respected experts sorry if u feel i m just extending. But actually i m repeatedly reqiesting for 3 answers, will be kind of u.
1.  Is it true.. if saptpadi is not proved, the marriage wud be void n null
2If my spouse finds my biodata in a ,matrimony site n save that page ( otherwise account deleated now) , can she use it in court (i filed divorce she says no.     she filed125,498)
 
3. Will i get stay:- Warrants to be issued in 125 in sep2015, i filed quashing125 and stay in high court, first date in high court is in august2015, before the 125 date,    will i get stay if i dont tel in high court regarding warrants ( she still not sent summons, will be summon after 1st hearing)
 
I hv posted my ques seperately too, but pls give me answer, i wud be thankful.
 
 
 
 
 
 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

@ Victim, 

First of all file a strong WS in 125 CrPC and show that our income is very less as a bagger. (Less than 4000/- per month or Jobless).

 

If you are privately employed in a private firm or self employed (Business) than she can't prove your actual income details since private firm never disclose your pay slip to anybody and in case of self employed there is not such pay slip. If they or magistrate ask you to produce pay slip or income proof then simply tell them that you don’t have it or company does not issue any pay slip. (Barden to prove her allegations and claims lies on her.). This approach is will reduce your maintenance very less.

 

The best approach is

a) Change your job and don’t disclose it anybody.

b) Show jobless in the court.

c) Change your current address also so that they cannot serve you any more copy (Like maintenance execution).

 

Usually interim maintenance = (your stated income per month in WS – You and Your dependents total expense in fooding, lodging, home loan EMI, LIC investments, medical expense any other miscellaneous expense ) * 1/5th.

 

So please be careful to show the amount per month in WS. Your lawyer will always mislead you and make you afraid and pressurize you to show the actual income yet you should be bold enough to take these steps. The court will not kill you for this little false submission. wink

 

The same approach is advisable for other cases also like DVA, Sec. 24 HMA & Sec. 36 of SMA (Maintenance pendent lite).

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

http://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

http://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko


Total likes : 1 times

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

If HC grants stay order then you will get relief but it is temporary solution. 

File WS and Perjury in parallel as advised.

 

I don't advise to file divorce for men. 

 
Reply   
 

Where you don't advise filing divorce for men Why
 
Reply   
 
deep

Thanks a lot for reply. Pls guide about nullity of marriage , following are case details

 

 

Married 2009

Divorce MCD 2010

Remarried a divorcee girl 2011

Son born 2012

Son ill wife went to her family treatment him 2012

I filed divorce custody2012

She hma24 during case

maintenance fixed, I withdrew

Mediations she say to come back 

We don't want her to come back

 

She files cases 125 498 dv 

Now I files nullment of marriage

Pls tel chances if win nullment case. And if she wins, wat will then happen

 

I not pay 125 maintenance 2 years now warrants issue but I file quashing 125 in high court. High court date before 125 next date

will I get stay if I don't tel court abt warrants n will 125 be able to quash

I have resigned job, put blame of losing job on her as I HV proof, she complained my officer of my 498 case so I said I resigned because harassment

 

 

 Pls help n guide sir

 

 

 

My claim is that there were no pheres saptpadi ( seven rounds around fire) Our marriage very simple only 15 family members No sphere in hotel room, only garland, ring manglasutra,sindhoor My claim, we married n cohabilitated because at marriage time, girls family denied this saptpadi ritual in their family, but now just now I came to know this ritual prevails in their marriage, so fraud in ceremonies my advocate assures 1. Hindu wedding not valid without saptpadi 2. Section 7(2) HMA 3 section 12(c) Can I win '. If not, wat happen? Plss guide we have a 3 year old sonPls pls and experts, I need or guidance My advocate says he will prove my marriage void I am listing wat he told me to do,  Kindly advise wat he is trying to do 1. He told me to get RTI from hotel wherein the hotel reply_  ''the room was booked for get together but was amended in register as marriage purpose on or after the day of function(There is actually also cutting, firstly written get together, then cut and written marriage) Wat is this? Is he trying to prove that she forced me to marry or wat?such amendment in purpose of booking is going to help? There were only 15 people in marriage, only family members no outsider, photos of  girl in bride costume, garland, jewellary given etc are there In such situation, what can the wife say to prove marriage had taken place Pls help

 

 

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

@ Mr. Deep.

If you see my post on 12(c) on the following link you will understand the merit of your case.

However, please remember that burden to proof your claims lies on you. You need lot of witness, eye witness and documentary evidences to proof your claims.

 

http://www.lawyersclubindia.com/forum/498a-forced-marriage-12-c-filed-Any-Expert-in-498a--126159.asp#.VeVntCWqqko

 

Dear Friend,

 

You can understand why I always advice to avoid divorced women from the above post.

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Ground of Speedy Trial. - 

 

Ground of Speedy Trial to dispose of 498A and Matrimonial Suits within 6 months. -


a) Personal liberty cannot be deprived as per Article 21 of Indian Constitution for slithering trial.


b) Read sec. 21-B of Hindu Marriage Act and 40-B of Special Marriage Act, under these trial courts has special power to dispose of any matrimony related trials within 6 months since 498A is considered as a matrimony related trial.


c) Under 483 CrPC High Court has special superintendent power over all subordinate trial courts to dispose a trial expediently.

 

Sample petition available in my profile links. These sections should be mentioned in the subject of the matter while making petitions in High Courts.

 
 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Dear Friend,

 

I have notice again one big confusion on Forgery and Perjury.

Let me again try to enlighten it.

 

Difference between Perjury and Forgery.

 

Perjury: -

Please see - 

 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION No.1115/07.

(Para 7 & 8)

7. Whenever an application under Section 340 of Code of Criminal Procedure is filed, the Civil Manual Chapter XIX para 337 requires that it should be registered as Miscellaneous Judicial Case i.e. a case where a Judicial Enquiry is contemplated. The learned Civil Judge should have, therefore, directed the application to be registered as Miscellaneous Judicial Case. Section 340 of Code of Criminal Procedure reads thus –

340. Procedure in cases mentioned in Section 195

(1) When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, –

(a) record a finding to that effect ;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistrate ; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by subsection

(1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195.

(3) A complaint made under this section shall be signed,-

(a) Where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authroise in writing in this behalf.

(4) In this section, .Court. has the same meaning as in Section 195.

8. The section thus says that the court should be of opinion that an enquiry should be held. Even for forming an opinion, there should be some evidence and not mere surmises. If there is a prima facie evidence, the court must enter into an enquiry and record a

finding as to whether an offence referred to in Section 195 of Code of Criminal Procedure is committed. It was, therefore, not proper on part of Judges of the lower courts to have rejected the application.

 

Conclusions: -

  1. So whenever an application is made u/s 340 CrPC read with 195 CrPC based on contradictory points (prima facie evidence of para 8 of the aforesaid judgment) the court must enter into an enquiry registering the case as per Civil Manual Chapter XIX para 337 as a Miscellaneous Judicial Case.

 

  1. If it is found in that enquiry that the offences are punishable as per IPCs mentioned in CrPC 195, the court must take cognizance accordingly.

 

Forgery: -

464 IPC, Making a false document. — 341 [A person is said to make a false document or false electronic record— First —Who dishonestly or fradulently—

(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(c) affixes any 342 [electronic signature] on any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the 342 [electronic signature],

 

Conclusions: -

  1. When the document itself is fraud, for example, if the petition is notarized from a fraud notarized authority.

 

  1. When signature , seals are fraud  

 

  1. Fraud electronic records, for example a superimposed picture is a fraud document.

 

  1. Forgery can be filed against this type of fraud documents (Not against any contradictory points as prima facie evidence of para 8 of aforesaid judgment).

 

Perjury is a procedure for enquiry of both false evidences and fraud documents whereas forgery isdefinition of fraud documents and punishment.

 

So clearly perjury and forgery is not same. Perjury can be file at any stage of a civil or criminal case.

 

Please let me know in case you have any more confusion on this.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x