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deepak   10 March 2015

Forged photograph filed in 125 crpc case. what next?

Respected Expert Members,

My wife filed some forged photograph against me in 125 CrPc case. Case reached in 'Cross examination' stage, Now to file forgery u/s 463,464,465,468,469 IPC what to do? My learned lawyer says this is time consuming process don't go for it. Plz guide.



Learning

 9 Replies

Suneet Gupta (www.vashiadvocates.com)     11 March 2015

You can file a complaint with the Judicial Magistrate under Sec 158(3) of the CrPC. If the document has been proved a forgery in the Sec 125 case, then you can file an application in the same court and request the magistrate to initiate criminal proceedings against the wife.

Dr J C Vashista (Advocate)     11 March 2015

What do you mean by "forged photograph in 125 Cr PC case?" Is there any requirement of filing "original" or "forged" photograph in a complaint case u/s 125 Cr.PC?

Have you discussed with your advocate? If yes, what is his/her opinion and advise? 

Dr. (Maj) J C Vashista, Advocate, Consultancy Room, Lawyer's Chmber Block, Delhi High Court, New Delhi- 110003 Cell # 9891152939 email: majjagdish@yahoo.com

deepak   12 March 2015

Thanks Mr.Suneet and Dr.JC Vashista for your valuable suggestions. To explain further I would like to bring some facts that Wife filed 125 CrPc in family court. Where with one photograph she claimed that I M married with another girl from my native place. Actually that original photograph stored in my camera and in full view it is nothing but a group picnic photograph. My wife zoomed that and edited with nearby standing girl. Now she claiming on affidavit that my marriage was done and this is marriage photo. Also she presented some planted birth registry which shown me as a father of child. With that frivolous and planted registry entry she also claimed that I am father of two children in two different cities with same girl.

My lawyer of case says if we go for forgery and perjury we will waste one more year to finish the main application i.e 125 CrPc. so dont go for it now. Instead wait for another case in another court where she filed same photo and birth registry.

Suneet Gupta (www.vashiadvocates.com)     12 March 2015

The best option is for you to file a Misc Criminal Application under Sec 156(3) of the CrPC with the same Magistrate where the Sec 125 proceedings are being held.

File a separate application with the full group photograph, and tell the Court that your wife has submitted a false photograph under oath (on Affidavit). She will necessarily have to be prosecuted for Giving False Evidence, Forgery, Cheating and Criminal Breach of Trust.

deepak   12 March 2015

Thanks for your instant reply Mr.Suneet . I am moving to do so.

T. Kalaiselvan, Advocate (Advocate)     12 March 2015

Firstly you disprove her claim by cross examination and after that you plan to initiate perjury proceedings against her for furnishing false information on oath.

deepak   13 March 2015

Thanks Mr. Kalaiselvan.

T. Kalaiselvan, Advocate (Advocate)     14 March 2015

@ Mr. Deepak: You are welcome for your appreciations.

MUKUND KUMAR (Lawyer)     14 March 2015

Your advocate is right. First you focus on your defencein your case, then think / plan for other actions.

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