Criminal Suit for producing fake document in Civil Suit
Nirmal Joseph
(Querist) 23 August 2008
This query is : Resolved
Hi Friends,
In a civil suit, the plaintiff has produced a false plan to the court stating that it is a ‘Re- survey plan’ in his ‘LIST OF DOCUMENTS’ in the Plaint. The plan is prepared by a local surveyor and neither issued by the Govt. authorities nor attested by any of them. Is it possible for me, the defendant, to initiate a criminal suit against the Plaintiff while the civil suit is in the court or should I wait for the outcome of the civil suit?
What is the procedure to initiate a criminal suit in this case? Whom should I approach?
The false plan produced by the plaintiff has the Court seal affixed. I have only the photo copy. Is it possible for him to replace the one already produced?
In such case is it possible for me to get a certified copy of the one already in the court before he replaces? What is the procedure to get a certified copy?
Thanks!
Srinivas.B.S.S.T
(Expert) 23 August 2008
I dont think he can replace the plan as the same is filed into the court and the court has taken it on file. You can obtain the certified copy of the same only if is marked as a exhibit by the Plaintiff. Can you please specify at what stage the proceedings are and also specify whether the document has been marked as a exhibit or not. if it is marked as exhibit you can simply file an application for certified copy through your advocate.
With respect to the criminal proceedings you can initiate the same as envisaged in section 340 of Cr.P.C., but first let me know at what stage the case is, so that i can give you the best possible course of action. Regards Srinivas BSST
GOPI KRISHNA
(Expert) 23 August 2008
you are in a hurry, 1st wait for the outcome of the case as well as findings on the resurvey plan produced by the plaintiff, if the court makes an observation/finding against the plaintiff with respect to the false plan, then the defandant can go for criminal case, otherwise weak case for defandant
H. S. Thukral
(Expert) 23 August 2008
You can not file a criminal complaint directly. It is the Court only who of its own motion or on your application under section 340 Cr.PC can file a complaint. It is however, not filed as a routine matter. Read more in section 191-205 IPC on subversion of justice.
Kiran Kumar
(Expert) 25 August 2008
ur query has been sufficently replied here as well as in forum too.
pls refer to S. 340 Cr.P.C and S. 193 of IPC.
