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 28 Replies

Adv Deepak Joshi +917017821512 (Advocate)     18 January 2020

imprisonment upto 7 years and shall also be liable of fine

P. Venu (Advocate)     19 January 2020

You have not posted any material facts.

TGK REDDI   19 January 2020

Material facts are unnecessary for this Query nor is it irrelevant.

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smart jain   21 January 2020

sir... my uncle gave an affidavit in a case under sec 341..342 in which he said when I visited police station police only took statements and dindnt applied sec 107 and didn't do anything against persons who beat him ... so he had come to court to lodge case...
the situation is police did process of 107 on that day only after he returned home... but he was unaware...
court made case under ipc 199 against my uncle...

smart jain   21 January 2020

it wasn't intentional as police didn't gave any information to him that have done process under sec 107 and he was getting continuous threats from those persons...
interestingly those persons did settlement with my uncle after one month and that nottarised settlement was submitted in court ...
that was the only reason that the case under crpc 341..342..was closed... FR was put by police after fir against those persons

P. Venu (Advocate)     21 January 2020

Perhaps, the matter could be settled by explaining to the court that affidavit was in good faith and tendering apology for the lapse. Even other wise it is unlikely that your uncle could be held guility in the absence of mens rea  (guilty mind). 

An experience local advocate would be able to sort out the matter.

smart jain   21 January 2020

sir... unlikely that your uncle could be held guility in the absence of mens rea  (guilty mind). ... i didnt get it...

smart jain   21 January 2020

sir... unlikely that your uncle could be held guility in the absence of mens rea  (guilty mind). ... i didnt get it...

TGK REDDI   21 January 2020

The original Query is academic.

The Questioner has sdestepped and made it personal.

smart jain   21 January 2020

sir... police didn't gave any info to my uncle about implementation of sectn 107 on opposite party...
can u please explain why lower court registered case against my uncle under ipc 199 in upper court

smart jain   22 January 2020

ur expert suggestions are invitef

Shaktika Malhotra   23 January 2020

According to section 199 of Indian penal code, Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

smart jain   23 January 2020

in my uncles case... what's your view..

P. Venu (Advocate)     23 January 2020

What do you mean by "court made case under ipc 199 against my uncle... " ? What is the process/steps that the court initiated against your uncle?

Please post materail facts than your subjective/personal opinions.

 

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