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gurvinder (interpreter)     23 August 2015

What action against wrong affidavit filed in sdm...???

498 wife while living wid husband in d year 2012, filled an wrong affidavit along wid her father affidavit to the SDM/TEHSILDAR Delhi office for obtaining the caste certificate..in the affidavit she mentioned dat:- 1- she is not an tax payee. 2- she belongs to xxxxxx caste (which actually she never belongs to) and also comes under creamy layer. 3- her family income is 1.80.000/annum.. Her Father affidavit contents are:- 1- he is an Tax payee. 2- His income is 1.80.000/annum.(wrongly mentioned) 3- he belongs to xxxxxx caste.(which he actually never belongs to) 4- his D.O.B. is ........(mentioned wrong) They both gave wrong information about their caste in the affidavit and her father D.O.B. also wrong in the affidavit .. Then 1 officer came to her matrimonial house and took a sign/I card copy from d neighbours also while verification and simultaneously went her father houae and took a sign/I card copy from their neighbours.... We came to know about this thing in 2013 where she filed 498 complaint in jan 2013...then we gv 1 complaint with proofs to the SDM office..then kaafi reminders lgane ke baad or higher auhorities ko lagane ke baad SDM ne kya kia wife ke father ko notice bheja fer usne reply me kha ki "maine koi adfidavit nahi dia", humne apne damaad pe dowry case kr rkha hai islie ye muje fasaa rha hai or isne mere sign liye the ye keh ke ki ye 498wife ki noukri lgwaega".... Or 498 wife bi yhi keh rhi hai ki " mere pati ne mujh pr dbaaw bnaya tha caste certificate bnwane ke liye.... Then after 1 SDM ne 498a wife ka caste certificate cancel kr dia... but SDM ne koi FIR lodge nhi krii.... Wo kehta hai hmne karewahi krdi hai FIR krwani h to court jao.... 1- My query is SDM also have a semi judicial power. Then why he trying to escape from taking any actiom against them for their wrong doings? Is it possible that any one who actually not belongs to the obc category can apply for an obc and obtain..? 2- my second query is as filing wrong affidavit is a criminal offence under CrPC Act. And we have all written to all the higher authorities from the last 1 years. Now they cancelled their certificate. But no further FIR has been lodged against them. So kindly advice me where ro approach now..? Whether I will go in 156(3)...?


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 2 Replies

Ompal Aggarwal (Advocate)     24 August 2015

Sir filling a wrong affidavit is not legal in the eyes of law but as per ur submissions it seems these affidavits r filled after marriage n in that case criminal case may also be filled against u for abetting ur wife n father in law for doing this wrongful act.Its my view

gurvinder (interpreter)     26 August 2015

Sir,but it is mandatory for a person to be appear in front of the SDM/TEHSILDAR while obtaining any caste certificate either in his own name or his daughter name..but on the other side father in law saying that "He never applied for any caste cerificate ether in his own name or his daughter name"...so it automatically raises the question.upon the concerned checking authority that whether the proper procedure is followed while making this caste certificate or not... Am I right....??? now what to do...?

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