Complain case

J.C.Mishra (Querist) 04 December 2011 This query is : Resolved
A complain case has ben filed by a person against me and my brother under section 341/323/420/506/34 IPC before the magistrate by producing two false witnesses who gave statements before court that they have seem us hitting that person and also gave statements regarding a forgery which was never committed and there is no documental proof to it. The magistrate took cognizance and isued summons to us. In the mean time we applied for bail and surrendered in trial court and are on bail now. The date on which the incident took place, we were not there in that place because I am a physically challenged person and that day was my official holiday and my brother who is a central government employee was on duty at that time. He has also taken out a copy of his attendance certificate given by his head.
I want to file a case on them under section 193/211/182 IPC. Can I do it through a complain case.If yes advise how to do?

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Guest (Expert) 04 December 2011
you can file the case but first the court have to give its findings on the complaint whether it is liable to proceed or dismissed when the pre charge evidence complete and then you can file the complaint under the given sections of IPC.

Shonee Kapoor (Expert) 06 December 2011
First let the evidence be taken and then you can file an application u/s 340CrPC r/w 195CrPC for taking cognizance under these provisions of IPC.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate. Arunagiri (Expert) 06 December 2011
Any offense made out during the judicial proceedings is called perjury.

As for as the perjury is concerned, no party is having the right to file a complaint. Only the presiding officer of the court is having the right to file the complaint, after conducting the preliminary inquiry u/s 340 cr.p.c.

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