can a court ignor contempt or fabrication with High court?
Sangramsinghrana
(Querist) 13 October 2010
This query is : Resolved
Dear Experts,
in a trial before a court of magistrate, it came before the magistrate in evidence that complainant to seek a direction from high court for registration of a case has in his petition has mentioned false and fabricated facts which was supported by him by his false affidavit as the facts mentioned in his petition and affidavit are totally different from the documents annexed with the petition i.e. documents annexed with the petitition, upon which complainant wanted to seek a direction, are not supported the facts and plea mentioned in petition and affidavit i.e complainant after deceiving the hon'ble HC by stating facts which is not in his supported documents get a direction of registration of case against the innocent person then what is the duty of trial court? What offence was committed by the complainant?
Chetan Pichamuthu
(Expert) 14 October 2010
Lying under oath is Perjury and the same can be tried under Sec 340, if a case is not made out by the Magistrate then you can file an application under aforementioned section and take it forward.
Advocate. Arunagiri
(Expert) 14 October 2010
If the perjury is committed by way of filing a false affidavit before the HC, only the HC can hear the petition u/s 340 cr.p.c.
The main case is a different issue, which you have to face. You can file a discharge petition before the trial court or go for quashing the same before the HC.
