MSK20171979 (others) 14 July 2017
My question is how to start and file criminal procedings against producing false documents as evidence knowingly in civil case..
i feel ...complaint should be filled and should be prosecuted under ipc 420, 466, 467, 468, 471, 120... in the same court where civil case is going on ...at any time of civil case procedings preferably before civil case judgement.
P. Venu (Advocate) 14 July 2017
What is the opinion of your advocate?
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 14 July 2017
It will depend on whether you are plaintiff or defendant.
MSK20171979 (others) 14 July 2017
I am a defendent in civil case. a civil case was filled against me for agricultural land for which i am the owner with proper records even revenue records since 1990. a civil suit was filled by submitting false pattadar passbook/false adungul/false will dated 30 years back.
my aim is to screw them in legal way and send them to jail.
Rajesh Kumar 16 July 2017
No you cannot file case under 467/468/471 and 420. Your remedy is only Application U/S 340 before the same court where the false documents have been filed. And the same civil court if finds prima facie some truth in elegations your case will be sent to the court of Majistrate for further enquiry. See section 340 of Cr.PC .
Rajesh Kumar 9868282915
T. Kalaiselvan, Advocate (Advocate) 18 July 2017
You canot initiate any case against the person who is reported to have produced the allegedly false records.
First it has to be proved that they are false records.
The court will pass a decree and judgment that the documents produced are false, after which you can file petition under section 340 cr.p.c for necessary action for perjury.
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