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r.sankaranarayanan (Official)     12 February 2026

Complaint before charity commissioner

I have filed a complaint against one Trust , its Trustees and the buyer of land which was in the name of the Charitable Trust. The matter is at Mumbai SASMIRA, Worli. The trustees had been making false statements during the proceedings. I had filed an applicaiton befor the Hon'ble Asst. Charity Commissioner before whom the matter is, for initiating perjury against the trustees and the buyer of the land who have been misguiding the Court with false statements on oath. I understand that as per the HC Order in Wrti Petition 8673 of 2024 (IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD), the Charity Commissioner/Asst. Charity Commr. etc do not have powers to initiate perjury against them. 

Where can i file applicaiton for initiating perjury against those concerned now.

I would be thankful if the learned advocates in the group can guide me.  I have not appointed any advocate.

 

I



 9 Replies

Dr. J C Vashista (Advocate )     13 February 2026

What is the subject statement which has been referred to be a "false" for initiation of purjury against the trustees and buyers of land ?

Whether the alleged false affidavit (statement on oath) has been submitted before the  Assistant Charity Commissioner or Bombay High Court ? 

What is relevancy / connection of the Writ Petition referred in the post i.e., subject matter of alleged purjury against trustee and buyers of land ?

Incomplete facts cannot lead to form proper opinion and oblige.

It is better to show the case file to a local prudent lawyer for proper appreciation of facts / documents and professional advise.

r.sankaranarayanan (Official)     13 February 2026

They have been maintaining that the land has been transferred to the buyer, which is not a fact. I have checked the land records too. The matter is over 12 years old, Hence they cannot say that they have already executed the conveyance deed long back. They have been maintaining this in the court of Asst.  Com. of Charities . The complaint is still being heard. The WP being quoted says that the Charity Comm. does not have powers to initiate perjury. Hence I have to approach the appropriate authority. I would like to know who is the authority to whom I should file for perjury

 

T. Kalaiselvan, Advocate (Advocate)     13 February 2026

File an Application under Section 340 CrPC. Before the same Charity Commissioner

Requesting him to conduct preliminary inquiry, record finding that false evidence was intentionally given, forward complaint to jurisdictional Magistrate. If he refuses, that refusal can sometimes be challenged before higher forum (depending on facts).

r.sankaranarayanan (Official)     13 February 2026

Thank you very much. I appreicate. Regards

T. Kalaiselvan, Advocate (Advocate)     13 February 2026

You are welcome for your appreciations.

r.sankaranarayanan (Official)     13 February 2026

I have now been advised that the Charity Comm. will not entertain any application to conduct enquiry under Section 340 and noting his preliminary findings since HC order quoted by me earler is very clear that Charity Comm. /Asst. Charity Com. has no powers on this matter. I have been advised that the application will be dismissed and I would be wasting time. I should approach Metropolitan Magistrate

 

Dr. J C Vashista (Advocate )     15 February 2026

Astt. Charity Comm. can entertain complaint u/s 340 Cr PC and refer it to concerned Judicial Magistratefor further proceeding.

1 Like

r.sankaranarayanan (Official)     15 February 2026

Thank you very much for the reply.  The HC order is very clear that the Asst. CC, Dy. CC and CC have no powers to entertain any complaint under Section 340 CrPC. That is the main problem. That is why I have to approach Metropolitan Magistrate with the complaint.

Shweta Bharti (--)     23 March 2026


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