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queryking (MD)     24 March 2011

section 195 of CrPC

Defendant has produced a false document in the original proceedings, it is marked as exhibit, I filed an application under section 151 of CPC requesting the court to register criminal case against him for the offense of giving false evidence but the court rejected my application stating its a bare injunction suit and its needs a lengthy evidence. Again i filed an PCR under section 200 of Cr.P.C RWS 195 and 340 of Cr.P.C, now the court has raised the objection about maintainability of the complaint by stating that, only the court can give complaint, a party cannot file complaint to take action. is my complaint maintainable? is there any citation,judgments in support of mY COMPLAINT? the alleged offence are punishable under section 193,196,471 of IPC


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 March 2011

Yes court is the complainant, you cannot file a private complaint.  Whether in the suit have proved it is false document?  You have to lead your evidence to prove that false document is produced, burden lies on your prove it.

Legal Fighter (Advocate)     25 March 2011

only private complaint is maintainable in the given facts and circumstances. bar u/s 195 CrPC doesn't come in picture in this case. use the attached full bench judgment from SC.

Attached File : 52 52 iqbal singh marwah vs meenakshi marwah.pdf downloaded: 353 times
1 Like

Amitabha Gupta (NA)     25 March 2011

I fully agree with legal fighter. you can maintain a complaint case. the embargo of section 195 CrPC have been explained in the judgment of  Iqbal Singh marwah' case.

1 Like

Jolly James 9447287658 (Advocate)     25 March 2011

you cannot file complaint alleging under sections 193 & 196 . you can file complaint under sections 465 , 467 & 471 . sec. 195 has no applicability for the said offences

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