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Siv (engineer)     30 April 2012

Under which ipc section case can be filed in below situtatio

Hi All,

 

In a criminal case investigation the LWs (Law Witnesses) made statements before IO (Investigation Officer) against a persons (name as  "X"), who is not accused in that criminal case, and CrPC-161 statements are recorded by the I.O.

 

These law witnesses made statements that are not even made by the complainant and the I.O prepared the final report saying that "X" done some thing ..... and aslo the IO referred the complainat as false.

 

Here IO has no role to investigate the things that X has done being no complaint has been made against the X and aslo the accused do nto support the statements against the X.

 

Question:

 

 

Can X file case against the law witneses that made false stateemnts against the X ?

 

 

If yes, please let me know the section of IPC attract against these law witneses ?

 

 

If criminal case can be filed against the law witnesses at which place the X can file case against them considering that: the X lives at Bangalore and the law witnesses statement says that X did things at Bangalore but the law witnesses made statements in another state.



Learning

 7 Replies

Vijay Kumar (Advocate)     30 April 2012

No case against witnesses can be filed.

sridhar pasumarthy (ADVOCATE)     30 April 2012

Dear Siv,

They can be prosecuted u/s 500 IPC.

Go through the following attachment

 


Attached File : 754411168 161 statement-defamation.pdf downloaded: 138 times

Siv (engineer)     03 May 2012

Dear Sridhar Sir,

 

Thank you for the information and citation.

Any supreme court recent decision on this available ?

Siv (engineer)     03 May 2012

Dear Vijay Kumar Sir,

 

Would you refer the law ground in support of your opinion please.

Vijay Kumar (Advocate)     14 June 2012

I was not aware of these case laws. Mr. Sridhar is right.

Regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 June 2012

Unfortunately this witnesses can not be prosecuted in any of the sections.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Siv (engineer)     18 June 2012

Dear Shonee Ji,

 

As per the citation referred in the above posts these witnesses could be prosecuted for the offence U/s 500 of IPC. Do you agree sir?


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