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ganesh rao (x)     15 March 2013

Complaint against public prosecutor

the public prosecutor in the 498a case made a petition to the magistrate stating that a letter was received  about

certain issues  from a Govt. agency; and  that the Govt. agency directed the persons

to do certain acts and that the persons so directed did not do the said acts;  hence action against the pesons

was requested.  based on the petition of the  public prosecutor the magistrate issued certain orders.


i requested the court for the copy of the letter thru advocate; but the copy is not given stating it should not be given;  the said letter is not found in the case file.

there is no such letter from the Govt. agency [confirmed from govt agency thru RTI] and the

govt agency had not given any direction to the persons to do the specified acts [confirmed from govt. agency thru RTI ].  

I want to proceed against the public prosecutor for making misrepresentations in the petition, knowing that no letter was received from the govt. agency nor did the govt. agency give any directions as stated .

with whom should I take up the matter for action on the public prosecutor for the misrepresentation to the magistrate. and under what provisions of IPC/CRPC .


ganesh rao




 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 March 2013

First you apply for the certified copy of the letter and order of the court.  You have alredy said there is no such letter in the case file.  Let them give the same answer in writing.  After obtaining all the documents you file an complaint  to the 
Registrar of prosecution.

ganesh rao (x)     15 March 2013

dear sir,


thanks for the reply. i am doing accordingly.




ganesh rao

Msk-need -nuetral- laws (self)     15 March 2013

I think court purjury fits into here, and take action against erring prosecutor.

ganesh rao (x)     16 March 2013

do you mean criminal contempt of court under Section 2(c) of the Contempt of Courts Act 1971 ?


ganesh rao

ganesh rao (x)     07 May 2015

rajeev ji,  

i already have the court reply in form of reply to RTI application;  letter received from court to SPIO; and SPIO certified the letter with stamp under RTI Act and given to me.  the PP was transferred after we made the complaint, which was sent to Dir. of Prosecutions.  What is happening or happened after the transfer is not known.  that is why i want to know if perjury can be filed against the PP.

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