Cases of false affidvits
Terry DCruz
(Querist) 08 August 2014
This query is : Resolved
I had to file 2 different writ petition against the Government. Both cases are dismissed by High Court. These can also be tagged...
But now when I am going through the pleading of the cases it is clear that the affidavits filed by the Government in both the cases are patently false. My lawyers were unable to convince the Judge though one of the grounds taken in the appeal before the Division Bench was about the false affidavit.
Without going to Supreme Court what other remedy I have to re-open my cases.
I feel I may have to appear in person.
1. Whether an application under 340 CrPC or
2. An application under section 151 of CPC
whether such petitions are to be filed in the first court or the appellate court?
or is there any other remedy available?
Advocate. Arunagiri
(Expert) 08 August 2014
You can file a petition u/s 340 cr.p.c., before the court where in the false affidavit is filed. This perjury petition will be listed before the same judge, who disposed the main writ petition.
You can appear as party in person if you are very much confident to argue the matter.
Devajyoti Barman
(Expert) 08 August 2014
If prima face there is proof of falsity you can file petition u/s 340 crpc. Challenge the orders in supreme court is another option.
ajay sethi
(Expert) 08 August 2014
you need evidence that false affidavits have been filed in court . if so file petition under section 340 Cr PC
Nadeem Qureshi
(Expert) 08 August 2014
nothing left to add, agree with experts