Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chinese Chef (Integration Architect)     07 November 2014

Is it right time to file perjury?

Guys,

   

I had filed for discharge U/s 239 in my 498a, 406 case. The opposite party filed WS on last date and case has moved to arguments/consideration stage.

   

At this point of time, I've enough documentary evidence to file perjury U/s 340.

   

Can I file perjury at this stage of the case? Do I need to wait for decision of discharge application?

   

Let me know your views. 

   

Thanks!



Learning

 15 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 November 2014

a) Perjury can be filed any stage of a trial / proceedings against the submission with oath / false evidence.

 

b) It can be file multiple time also.

 

c) It should be filed in the same court where the trial / proceeding is dong on respectively.

 

d) If lawyer is misleading / Not filing then file it in-person (Without Advocate)

 

e) Sample petition is there in my links bellow.

 

Please read each of my posts carefully in the following links.

 

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

 

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

 

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

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2014

It can be filed only if the statement is under oath. Based on the Police Report perjury can not be filed.

 

Regards,

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 November 2014

I disagree with Mr. Kapoor.

 

If police report is based on false, fabricated evidence then perjury can be filed to inquiry on that.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2014

Nothing is impossible for "God" but I am mere mortal, I advise as per my limited knowledge.

 

Let me ask a question. Which section of IPC would deal with perjury on police report? 

 

Regards,

Fighterr 26 (GOVT.)     15 November 2014

Police cease a xerox copy of a discharge certificate of a NURSING HOME from the complainant. On the date of her cross examination in the said case she filed the original copy of the said ceased certificate. IN THE XEROX COPY THE ADMISSION DATE COLUMN WAS BLANK BUT IN THE ORIGINAL ADMISSION DATE COLUMN IS FILLED AND BOTH THE HAND WRITING ARE TOTALLY DIFFERENT.

NOW MY QUESTION IS THAT CAN I FILE PERJURY NOW ?


Attached File : 905161472 cc.jpg, 905161472 ccc.jpg downloaded: 188 times

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 November 2014

I think the date of admission has been overwritten by somebody without any initials and stamp of authorization for may be malicious intention.

 

Yes you can file perjury.

Perjury is punishable as per IPCs written in CrPC 195.

Fighterr 26 (GOVT.)     17 November 2014

Is this attack forgery??? if yes then in which sections of crpc I have to appeal in the court for prosecution for the same?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 November 2014

Perjury: - Perjury is a very important tool to fight against 498A, 125CrPC and DV. It can be file at any stage at the proceeding of 498A, 125 CrPC and DV as a counter case in the same courts where the 498A, 125CrPC and DV is going on respectively. It should file U/S 340 CrPC read with 195 CrPC. Sometimes, a few corrupted judges do not wish to take this case or wish to delay or wish to take latter. If anyone face this problem then show the following citation to that judge.

 

 

BOMBAY HIGH COURT

CRIMINAL APPLICATION No.1115/07.

(Para 7 & 8)

 

 

If that judge still does not wish to take it or try to mislead you then please take the certified copy of all orders, FIR, Charge sheet, etc and file Criminal Writ under Article 227 of Indian Constitution, 483 CrPC, 482 CrPC, 341 CrPC(Appeal on Perjury) and Indian Evidence Act 1872 to CRIMINAL APPELLATE JURISDICTION of the High Court with the said citation.

 

 

Another good citation of Perjury is: - CRA No. 197 SB of 2010 (O&M) 1  IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 November 2014

You can get sample petitions on the following thread link. Please go through it carefully.

 

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

sankar P (supervisor)     17 November 2014

Thanks for the Valuable suggestions given by LCI experts,

MAny Thanks,

Shankar.

Fighterr 26 (GOVT.)     01 January 2015

I have filed CrPC 340 read with 195 Crpc in the ACJM court with reference to my Crpc 125 case on 15/12/14 . I have submitted RTI reply from hospital police etc as a proof which clearly proves that she told 100% lie in the court( in her crpc 125 application as well as in her deposition). But judge just take the application and  keep it with her(lady judge) without any case serial number or any judgement for findings and while my lawyer asked her about the application she told that she will do the things in her own time as it is her own administrative matter. Then My lawyer asked after a week then she told " a sob kar ke app k client ko kya faida hoga etc etc". The judge is 100% safe guarding the OP. My proofs are so strong  she cannot reject the application.

My said crpc 125 case is over on  May 2013 with order of 5K/month. Then I appeal in HC and HC gives intrim  stay and direct me to pay 4K/month in place of 5K/month.

Seniors please suggest me what should I do now?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 January 2015

Did you show the citation of

 

 BOMBAY HIGH COURT

CRIMINAL APPLICATION No.1115/07.

(Para 7 & 8)

 

To that corrupted judge? Also plan for Criminal Writ as I have suggested in the link bellow and submit that the judge is willfully not taking any action which is helping the wrong doers.

Mr. Atur Chatur has also uploaded some relevant citations in the thread bellow.

Please use those also and show it to that judge.

 

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

Fighterr 26 (GOVT.)     25 January 2015

No. The judge just took the perjury application without giving any registration number of case number and keep the application with her. Till now neither she reject the application nor accepts the application and even not giving the proper answer while my lawyer enquire about the application from the judge. And always told my lawyer that it is the court's own administrative matter so she will not say anything about it and she will take action according her own will.

 NOT WHAT SHOULD I DO NOW? SUGGEST ME PLZZ

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 January 2015

The same has been filed does not mean that the same has to be decided. It would keep lying in the file; till the Magistrate decides to do something about it. There is no way you can force the magistrate to do anything on the same.

 

I would be more interested in knowing what happened to your 239 application. Whether the same has been accepted or not.

 

Regards,

 

Shonee Kapoor

www.sahodar.in

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register