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pk   17 April 2015

Corruption in court

A criminal case was registered at City A in Nov 2014. Judge orders enquiry by police under section 202. Opposite party comes to the enquiry officer and submits fake documents and also submits a written statement that another cases are ongoing in City B (in other state) and this case is filed in city A only to counter attack.

Later on it was found that this statement was false as there was no case registered at city B. As per the online case status there was no case registered at City B till March, 2015. Then the judge asks status report from CJM of city B about all the pending cases.

After coming to know about this development, the other party files a case at City B in April 2015 but the filing and registration date is shown as Dec, 2014 just to send a wrong report to judge in City A.

Is it legally correct to do so? Can someone file case in back date with the help of Registrar or other official of the court? What possible legal action can be initiated in this case? In which court a legal action can be initiated? How I can prove that this case was filed only in April 2015 and not in December 2014?

How does the case filing & Case Registration process works & how case registration number is generated? Can I ask this information through RTI?

Can some one file a back dated case? E.g. Filing & Registration dated of December 2014 but in reality the case in filed in April 2015? Is it possible to file a case with such a back date? It is legally correct?



Learning

 2 Replies

N.K.Assumi (Advocate)     17 April 2015

Just because the party committed perjury in the court does not mean that you should also commit perjury. Don't worry for limitation period and file a complaint before the said court.

T. Kalaiselvan, Advocate (Advocate)     24 April 2015

A case with back date can be filed but back date registration cannot be possible.  These days the registration is recorded through computers hence it will not be possible to file a case at a later date with back date.  First verify the veracity of your observation and then proceed with further legal process.


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