False statement / affidavit submitted to court
Balaji Bakthavathsal
(Querist) 26 June 2014
This query is : Resolved
Dear Learned Lawyers,
Here I am again seeking your valuable guidance on the following issue.
The police filed a criminal case against a group of persons who attempted to grab our property using a freak document. One of the main accused, to defend himself has submitted false statement / declaration in different courts in different cases. For example, to escape from the clutches of the police, he filed a false civil suit claiming as if he is one of the legal heir, and made several false & inconsistent statements to the District Court. Again, to High Court, in his Anticipatory Bail Petition, Quash petition against the FIR and Quash Petition against the Charge Sheet, he has made several contradicting facts and false statements / affidavits.
My question is whether a separate suit can be filed against the accused for the above said false statements / affidavits ?
If yes, in which court I have to file the suit ? In the District Court as a separate suit or in the Magistrate Court which is enquiring the Charge Sheet filed by the Police, impleading my self as one of the party against the accused or in a separate case ? Or should I knock the doors of the High Court ?
Please Guide me.
Thanks & Regards
Balaji
Biswanath Roy
(Expert) 27 June 2014
What kind of proof you have to establish before the court falsity of Affidavit? For an example supposing a man claimed in his Affidavit that he is working in 'X' company but the opposition by application of RTI obtained a reply from 'X' company that no such named person is under their employment. In such a situation the opposite party can easily prove before the court the fact of false Affidavit. HAVE YOU ANY SUCH DIRECT PROOF?
Balaji Bakthavathsal
(Querist) 28 June 2014
YES Sir, For few lies, I have proof. For example, he obtained a legal heir certificate by giving a wrong address and I got the proof from the concerned authorities that he never lived in that house and got the Legal Heir Certificate cancelled. similarly, he had said that our grandfather had four sons including his grandfater as one of the son to my grandfather whereas that fellow is no way related to us and in reality my grandfather had only three sons excluding that fellow and I have a proof for that which is the partition deed registered by my grandfather.
Biswanath Roy
(Expert) 28 June 2014
The views of the Hon'ble Supreme Court in dealing with the question whether or not an
"Affidavit sworn as true to the best of knowledge and belief" in the case of Ranjit Singh vs. State of PEPSU (REPORTED IN AIR-1959 SC 843)falls under Sec.191 IPC,under Chapter XI as of false evidence and offence against Public Justice giving false evidence. The Hon'ble Supreme Court stated,-" An Affidavit even voluntarily made when contains a false statement attracts sec.191 and 193 IPC. the fact, that an Affidavit filed by an accused is affirmed as being 'true to the best of the knowledge and belief' does not affect the question of guilt under sec.193, since even a false statement as to belief falls undere the purview of that section by reason of explanation 2 to section 191 which says that a person may be guilty of giving false evidence even when he states that he believes a thing, which he does not in fact believe."
Secondly, False Declaration upon any subject comes under the purview of sec.191IPC as offence against Public Justice giving false evidence vide. the case of Mainabai vs. Laxmichand,1958 MPLJ 138
Complaints similar to the aforesaid offences can be submitted before the Civil trial court by submitting an application under section 151 CPC or can be adjudicated in the Criminal Court.
T. Kalaiselvan, Advocate
(Expert) 28 June 2014
First of all if you are involved in the case as a defacto complainant or one of the defacto complainants, you will be issued with notice by the high court to record your objections if any on the quash petition filed by him, where you can produce the documents in your possession and record your objections. Further in the anticipatory bail application, you can file an intervene petition to record your objection in granting him anticipatory bail on the basis of the evidences in your possession. He is reported to have filed a civil suit, without the suit taken up for trial or being disposed how did you conclude that it was false case, if so why did you not challenge the case? The proof in your possession you state to possess to prove his false case has to be produced before the court, argue upon it and get the case dismissed and then file a u/s 340 Cr.P.C. against that individual, before that you have less chances to initiate any action against him through court for remedies except the subsisting police complaint.
