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Shreyans   08 September 2021

Does application u/s 340 r/w 195 crpc require verification and affidavit?

Opposite party filed application O.9R.9 and section 5 for restoration of civil suit before ADJ in which they produced certificate of registration which is forged as I have obtained the certified copy of certificate which proves that the one presented before the court is forged. Now I want to move application u/s 340 r/w 195 CrPC for affecting administration of justice, perjury and forgery along with certified copies of the registration documents of the society.

I would like to know whether:-

1. Whether Verification is required at the foot of such application?

2. Whether affidavit is required in support of the application and annexed certified copies?


 3 Replies

Doctor Brown   08 September 2021

yes it is required.

Dr J C Vashista (Advocate)     09 September 2021

Answer to both the questions is negative, no verification is required in an application and any criminal complaint need not be supported by an affidavit.

Pradeep Kumar (Lawyer)     09 September 2021

Kindly ensure that you place the verification and affidavit in support of the criminal complaint. In the recent Supreme Court judgement an application under 156(3)was only quashed for the purpose of not furnishing an affidavit along with 156(3 )application. So kindly complete all basic normal formalities like verification and affidavits in criminal or civil matters.

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