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?

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Quick Summary

This discussion addresses whether an application filed under Section 340 read with Section 195 of the Criminal Procedure Code (CrPC) necessitates verification and a supporting affidavit. While some legal interpretations suggest these are not mandatory for criminal complaints, recent Supreme Court judgments highlight the importance of adhering to basic formalities, including affidavits, in both civil and criminal matters to avoid procedural issues.

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.