Upgrad LLM

is it right time to file perjury?

Integration Architect

Guys,

   

I had filed for discharge U/s 239 in my 498a, 406 case. The opposite party filed WS on last date and case has moved to arguments/consideration stage.

   

At this point of time, I've enough documentary evidence to file perjury U/s 340.

   

Can I file perjury at this stage of the case? Do I need to wait for decision of discharge application?

   

Let me know your views. 

   

Thanks!

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

a) Perjury can be filed any stage of a trial / proceedings against the submission with oath / false evidence.

 

b) It can be file multiple time also.

 

c) It should be filed in the same court where the trial / proceeding is dong on respectively.

 

d) If lawyer is misleading / Not filing then file it in-person (Without Advocate)

 

e) Sample petition is there in my links bellow.

 

Please read each of my posts carefully in the following links.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

 
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Legal Evangelist - TRIPAKSHA

It can be filed only if the statement is under oath. Based on the Police Report perjury can not be filed.

 

Regards,
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

I disagree with Mr. Kapoor.

 

If police report is based on false, fabricated evidence then perjury can be filed to inquiry on that.

 
Reply   
 
Legal Evangelist - TRIPAKSHA

Nothing is impossible for "God" but I am mere mortal, I advise as per my limited knowledge.

 

Let me ask a question. Which section of IPC would deal with perjury on police report? 

 

Regards,
 
Reply   
 

Police cease a xerox copy of a discharge certificate of a NURSING HOME from the complainant. On the date of her cross examination in the said case she filed the original copy of the said ceased certificate. IN THE XEROX COPY THE ADMISSION DATE COLUMN WAS BLANK BUT IN THE ORIGINAL ADMISSION DATE COLUMN IS FILLED AND BOTH THE HAND WRITING ARE TOTALLY DIFFERENT.

NOW MY QUESTION IS THAT CAN I FILE PERJURY NOW ?



Attached File : 905161472 cc.jpg, 905161472 ccc.jpg downloaded 139 times
 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

I think the date of admission has been overwritten by somebody without any initials and stamp of authorization for may be malicious intention.

 

Yes you can file perjury.

Perjury is punishable as per IPCs written in CrPC 195.

 
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Is this attack forgery??? if yes then in which sections of crpc I have to appeal in the court for prosecution for the same?

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Perjury: - Perjury is a very important tool to fight against 498A, 125CrPC and DV. It can be file at any stage at the proceeding of 498A, 125 CrPC and DV as a counter case in the same courts where the 498A, 125CrPC and DV is going on respectively. It should file U/S 340 CrPC read with 195 CrPC. Sometimes, a few corrupted judges do not wish to take this case or wish to delay or wish to take latter. If anyone face this problem then show the following citation to that judge.

 

 

BOMBAY HIGH COURT

CRIMINAL APPLICATION No.1115/07.

(Para 7 & 8)

 

 

If that judge still does not wish to take it or try to mislead you then please take the certified copy of all orders, FIR, Charge sheet, etc and file Criminal Writ under Article 227 of Indian Constitution, 483 CrPC, 482 CrPC, 341 CrPC(Appeal on Perjury) and Indian Evidence Act 1872 to CRIMINAL APPELLATE JURISDICTION of the High Court with the said citation.

 

 

Another good citation of Perjury is: - CRA No. 197 SB of 2010 (O&M) 1  IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.


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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

You can get sample petitions on the following thread link. Please go through it carefully.

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 
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