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Sreedhar Sunkara   01 October 2021

Police cheating after court case orded illegal document

Hello Members, 

Facts of the case: my grandfather has 3 sons and all of them purchased the property in 1993, first and third sons are working in the police department respectively. the middle son is a farmer and enjoying the shares of the other two brothers without giving any shares to them. In 1996 elder brother passed away taking advantage of the same  2nd brother who got a share of 1st brother from his wife and first sons (the second son of the first brother did not sign the sale deed of his share). The last brother who is working as police did not agree to sell his share to the farmer.The framer taking advantage of his position in the village created an illegal agreement on the name of his younger brother and based on it illegally took passbooks of agricultural land on his two sons' names from MRO officer without the consent of his third brother. 

  His third brother did not gave is signature in forgered document nor to mro, his signature is forged by farmer.  so the share of 3rd brother is being illegally enjoyed by his sons. Further complex the matter the farmer along with his sons filed a case in local court claiming property based on forged agreement dated 2003 and in 2018 hon'ble court pleased top dismiss same. 

Now i request following queries:

  • the elder son of the farmer is working in the police department and took illegal passbooks of agricultural land. though the court has ordered in its judgement that the passbooks and agreement are invalid and illegal, he went to the higher court and no order has been passed in his favour nor there is no saty on lower court judgement. This person being police is obliged to obey court order which is in force, What kind of action should be taken against him by the police department. 
  • Submmiting forgery documents and false information in the court amounts to perjury, same time the lower court made it's judgement in this regard, how to proceed for perjury.

 



Learning

 2 Replies

Kevin Moses Paul   01 October 2021

As per your concern, you may report the complaint against the police personnel (i.e. the elder son of the farmer) to the DCP.
You can do this by simply viewing the official website of your local police, and fill an online e-form, after which such a complaint should be sent to the DCP via registered post.

Now, coming back to perjury let me describe it to you in precise form, basically any willful assertion in regard to a fact or belief or opinion, or knowledge which is made by a witness during a judicial proceeding as part of his or her evidence (could be either upon oath or in any form allowed by law to be substituted for an oath) whether given in open court, or on an affidavit, such assertions being known to such witness to be false, and being intended by him to misled the court, jury, or person holding the proceeding.

In order to understand the offence of Perjury one need to understand both the sections 340 & 195 of the Code of Criminal Procedure (CrPC), 1973.

Section 340 of CrPC deals with "Procedures in cases mentioned in Section 195".

The section states the following —
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub- section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub- section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub- section (4) of section 195.

(3) A complaint made under this section shall be signed,-
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court.

(4) In this section," Court" has the same meaning as in section 195.

While on the other hand,
Section 195 of the Code of Criminal Procedure (CrPC), 1973 deals with - "Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence".

This section states the following —
(1) No Court shall take cognizance -
(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or
(ii) of any abetment of, or attempt to commit, such offence, or
(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

(2) Where a complaint has been made by a public servant under clause (a) of sub- section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.

(3) In clause (b) of sub- section (1), the term" Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub- section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court in situate.

Provided that-
(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

Hope the above mentioned information helps!


Regards,
Kevin M. Paul

Sreedhar Sunkara   02 October 2021

thanks Kevin Paul. It was informative. 


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