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Sidhardh (Advocate)     06 November 2011

False witness before court

Friends, i just found someone who gave false witness before a court. how can i initiate criminal proceedings against him. can i get some model  for it? I think i can file it under 340 of Cr.pc , what  can i pray like "This Hon'ble Court is prayed to register a complaint the accused" or something. if court registers the complaint then who will investigate or petitioner u/s 340 should conduct the case even after registering the complaint.


 7 Replies

N.K.Assumi (Advocate)     06 November 2011

The Court can act on application made to it or suo motu provided it is in the interest of justice if such statements is made intentionally and the person making the application is not a party to the proceedings.It is the Court that will record the finding if it is satisfied that it is expedient in the interest of justice that an inquiry should be made.


It is a case of perjury.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 November 2011

first you have to prove it is false.

Sandeep Naik (Advocate)     06 November 2011

If the advocatge himself has made perjury then can I file case against him?

The concerned advocate is appearing in two different cases against the same accused The previous case is still before JMFC where the accused have given certain statements in the investigation u/s202 of cr.pc. 

The second  is Criminal Revision case before Session Court and the same is for the delay condation. In the said dely condonation the reference is made of the previous case. But while denying the delaycondonation application of the complainant, the same accused havve stated in their verification that they are not aware of the previous case. In fact, both the accused as well as the advocate are aware of the case and still they are denying the same . Is it a perjury ? Can I file case against both? under which sections ?


Advocate Sandeep Naik


Dear Brother Sandeep Naik, It may kindly noted that you are yourself an advocate. You are nothing but a court officer who assists the court and represent your client. You shall not be a mouth piece of the client. Likewise, the other advocates also do the same thing. First we should respect ourselves and our organisation. As far as te case is concerned, you may prove it before the court. You have so many options to prove your case. Even if according to you, if the parties are one and the same, you may obtain certified copies of the petitions and file it the revision case to prove your case. Please do not take it anything personal against your fellow advocates. As you are aware, advocates are protected under the Advocates Act, 1961. You must be well aware of the law. Certain privilages are conferred on the advocates and communication between the advocates and clients under the Indian Evidence Act. Hence, first you should prove your case then only case of perjury would arise. Unless you prove your case, by way of evidence, how can you act on assumptions which is against the law. Hope, you could understand the circumstances. Regards,

Sandeep Naik (Advocate)     15 November 2011

Respected Nandell Rao Sir,

Thanks for ur valuable advice but the said advocate is treating  the case on personal level. He has filed case against me in JMFC on behalf of the society . Some members from the committee were against me and filed a false case in JMFC and the said advocate earned huge amount from the society. In the said case the said advocate has dragged unnecessarily  my wife too by making false  defamatory statement against her that she tears her clothes and threatens every member of the society. When I sought information under RTI 2005 from the concerned information , the police has denied that there was  such complaint in the police station. Then kindly guide me if there is no evidence before him then can he make  any defamatory statements against anybody merely because his client have stated in the complaint ?. Is he not the officer of the court to bind hiself for the duty towards the court ? The Advocates Act certainly (Sec-35) does not protect him.

Your guidance is certainly required and I will be obliged . If possible please just give me miss call on my mobile No. 99670 56980 and I will cont u and give u entire details

Your sincerly

Advocate Sandeep Naik 


Dear Sandeep Naik,

Kindly update me with all the facts of the cases by way of email. you can send the details to my mail On receipt of the details of the case only I can guide you properly regarding the remedies available.




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