sec340crpc
Thyagarajan
(Querist) 28 August 2009
This query is : Resolved
when on an application by which a court is made to know that a false document is filed by the respondant during the proceedings in the court, if the judge decided to conduct an enquiry before forwarding the complaint to a magistrate, will any counter filed by the respondant should proove the document is not false?
Kiran Kumar
(Expert) 28 August 2009
first of all the Magistrate himself does not act as an investigator and gets the investigation done through police officer as prescribed in Cr.P.C....and the enquiry shall be fair.
the accused will be afforded sufficient opportunity to prove the fact that the document so produced was not false.
its a basic principle of law that NO ONE SHOULD BE CONDEMNED UNHEARD
charudureja
(Expert) 28 August 2009
Magistrate himself is not an investigating agency he can do so by appointing a police official.he has to see whether a prima facie case is made or not and thn he forwards the case to the judge.
Bhumik Dave
(Expert) 28 August 2009
Megistrate cant do this bt he has appoint police officer for conducting investigation
Sarvesh Kumar Sharma Advocate
(Expert) 29 August 2009
u/s-340 cr.p.c. d magistrate shall demand explaination over d issue.
if magistrate satisfied dn court will charge de accused u/s-195 i.p.c.
