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prabir   08 March 2019

Perjury case

This is regarding submission of perjury application in a maintenance case. The maintenance case filed by wife was disposed off a few years ago in which wife gave false evidence in many allegations including her job. Now, if perjury application is to be filed will it be an application in the maintenance case in the same JM court or a separate case with a different case number?

 14 Replies

Anish Thakur 9459321520 (advocate)     08 March 2019

file application under section 340 crpc for perjury and attach all certified copy of previous suit and documents and also attach documents in support of perjury . you can file application seperately also but its better to file in same case in same court.

prabir   08 March 2019

Thanks for prompt reply. Did you mean submit the 340 application in the original maintenance case where wife was the petitioner? Will it not require a new number or the old case number will be okay?

TGK REDDI   09 March 2019

A Criminal Miscellaneous Petition under Section 340 of the Criminal Procedure Code is appropriate in your case.

But please wait.

You wrote your wife had given false evidence.    Oral evidence or documentary one?

Perjury application is appropriate in the case of oral evidence. Courts are slow to act on such an application.    I like this.

Forgery Complaint is appropriate if it's documentary false evidence.     The forgery must have been committed before the documents are produced in the Court.     Here Court has no discretion.     It must take the Complaint on file if the Complaint is true prima facie.     This will be a separate case.

If forgery is committed while the document is under the custody of the Court, you can't file a Complaint but a Criminal Miscellaneous Petition.     Though discretion is exercised by Court here it's not so slow.  

prabir   09 March 2019

Thank you, to clarify. Both documentary and oral evidence were given by her. As per forgery, a misleading document was provided during interim maintenance to show that she was not working at a place where she had worked last. This was noted in the order wherein JM stated that 'as per document provided by petitioner, she is not working at present, hence interim maintenance is allowed'. But later it was proved that she was working in a different place when interim maintenance was awarded!

P. Venu (Advocate)     09 March 2019

Had you established this aspect in a subsequent proceeding and had got the Order revoked?

1 Like

TGK REDDI   09 March 2019

Her forgery is almost certain.

Prosecuting her for forgery is very convenient for you to win her whether or not the Order of the Court is reviewed or revised.

prabir   10 March 2019

Thank you for your response. I will do as suggested.

prabir   15 March 2019

I have included forgery with the perjury application. One related question. She has given false evidence regarding her job in a civil proceeding. Can I ask the JM court to give permission to prosecute her for giving false evidence in civil matter during hearing of Forgery in the JM court and submit a new application in that regard??

TGK REDDI   15 March 2019

given false evidence.

I must repeat my question regrettably.

Oral Evidence?     Or Documentary Evidence?

If Oral, perjury.

If Documentary, forgery.

The Document must have been made before being submitted in the Court.

If a Document is tampered with while in the custody of the Court, it's perjury.

If perjury, Complainant can be the Court only.     You can file a Criminal Miscellaneous Petition urging the Court to prosecute her.

If forgery, you can prosecute her.     You'll be the Complainant and it'll entirely be a differenr case.

You can otherwise ask the police to prosecute her.

prabir   16 March 2019

To clarify the matter, I must add that both are documentary evidence; one given in a civil case where the date in the court seal of an application (O9R13) was tampered to show a earlier date of submission in order to escape limitation and the other matter was related to providing a document from school during Hearing, to show that she was not working when  actually she was working to receive maintenance u/s 125 Cr.P.C.

In 125 Cr.P.C. case, an application is submitted u/s 340 Cr.P.C. where the forgery is mentioned along with false evidence given by her regarding employment and other matters.. Is it necessary to put a new application for 'forgery' or that could be decided in the same application?

TGK REDDI   16 March 2019

Application or Petition is not entertained in the case FORGERY.

Complaint is.

prabir   16 March 2019

Can I not request the court to assign a complaint number for the application already submitted in the court?

TGK REDDI   16 March 2019

Well, I declare.

TGK REDDI   16 March 2019

Well, I declare.

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