for the offence of purgery in Court

Querist : Anonymous (Querist) 04 March 2010 This query is : Resolved
if surety of one accused again taking surety of another accused and saying in affidavit that he had never taken surety of any accused, can be prosecuted by complainant if court is not initiating proceeding of section 340 Cr.P.C., or
private person can file application before Court to direct the S.H.O. of Police Station to register the case against surety and investigate the same?

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Parveen Kr. Aggarwal (Expert) 04 March 2010
For a false affidavit filed in a court, no person other than the Court itself has any authority to initiate penal proceedings. However, an application may be made to the Court by any person. But the opinion thereon is to be formed by the Court alone and further proceedings are to be taken by the Court. SHO of Police Station is not competent to register a case in such a situation.

Raj Kumar Makkad (Expert) 05 March 2010
I concur with parveen.

Guest (Expert) 05 March 2010
I do agree with parveen

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