Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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WAHID MIRZA   19 July 2019

inquiry after charge sheet

i have received a charge sheet i found some forged document in charge sheet through RTI. I had filed an application of sec 340crpc in magistrate court against the police. but magistrate disposed off the application by saying it the charge sheet and trail is still pending.what other step can i take against the forged documents before the charge frame? thank you.


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 6 Replies

WAHID MIRZA   20 July 2019

sir before charge frame can i go for sec 340 crpc or no ?

WAHID MIRZA   20 July 2019

sir police have filed a false cross case under sec 326 ipc etc against me and my father .police have submitted charge sheet in mm court. my father sought the information through RTI from various government department. The RTI reply received by my father has confirmed that there are many documents in our charge sheet is forged and manipulated. with this RTI reply can i make an application under sec 340 crpc in my pending case? thank you

Mastan   31 July 2019

The RTI reply from a government office attested with official stamp and signature of the sender is absolutely can be considiered as evidence. Here i disagree with omprakashji as he said RTI reply is not considered as a evidence. And moreover what it seems from the query is 

Police filed chargesheet with some documents which are forged or manipulated

And accused got the documents officially from the original source(govt offices) which are different from the one filed with chargesheet

 

Mastan   31 July 2019

6. Therefore, the courts must presume genuineness of RTI replies at face value and unless rebutted by the opposing party, such RTI replies may be read as evidence without calling the concerned Public Information Officer to the court." Mr.Mukesh Saini vs Ministry Of Home Affairs on 13 July, 2010

Mastan   31 July 2019

6. Therefore, the courts must presume genuineness of RTI replies at face value and unless rebutted by the opposing party, such RTI replies may be read as evidence without calling the concerned Public Information Officer to the court." Mr.Mukesh Saini vs Ministry Of Home Affairs on 13 July, 2010

Mastan   01 August 2019

Omprakash sir, I'm a law student and currently assisting a senior lawyer. the inquirer Wahid Mirza given a vague descripttion of his problem. What i little understood is "some documents produced in a chargesheet" and his father obtained same documents from original source (govt offices) and found that they are forged. And now on that basis he wants to file perjury (Sec 340) petition. Now I agree that during the trail when the witness given statement about those document authenticity in chief and cross examination. Then based on that one can move perjury(340) petition by taking Certified copy of the exhibit doucementary evidence. And with that petition he can attach RTI reply as evidence. And if respondent objects then the concerned officer who given RTI reply has to deposed before court about its authenticity. Its a later process in trail but once can simply produce the copy of RTI reply as annexure to sec 340 petition undoubtedly.


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