Perjury proceedings in Magistrate court

Querist : Anonymous (Querist) 28 March 2010 This query is : Resolved
Ld counsels,

I am facing a criminal trail instituted out of malice. In the case it is a fact that a first complaint was given to police and no FIR was registered. After another 2 months a new complaint was given and a FIR was registered on the second complaint and I am the accused in the said FIR.

Later I have obtained the copies of the first complaint and its conseqenst investigation records through RTI applicaiton. To my surprise the first complaint was altered with improvements in order to support the allegations in the second complaint(I have read the first complaint during the investigation of first complaint)

In the reply to my first appeal under RTI act the the concerned assitant commissioner of police had mentioned that the copy of the first complaint is indeed the one that was given at a later point in time than the first complaint, which means there is in total three complaints accepted by police. But later the Asst. Commissoiner had mentioend before the information commission that "he has made that statement by mistake and there is no such third complaint". The infomraiton commission did not accept that and ordered for furhter departmental enquiry.

Moreover the allegations in the (forged) first complaint were NOT brought before the high court during the hearing of my anticipatory bail petition. This partially proves that such allegations were not there in the true copy of first complaint.

Given these details is it possibel to file a petition u/s 340 of CrPC against the police officers and the complainant for fabricating the records. I am sure the first complaint is the valid piece of formaiton in a criminal trail.

Will the criminal court accept these allegation and the evidences to start perjury proceeding against the police and complainant. how will the court view the asst. commissioners contradicting statements.

Please clarify. Thanks

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Raj Kumar Makkad (Expert) 29 March 2010
The whole benefit of the situation told in detail above shall go in favour of you during the trial of the case and you can very well put specific questions over first complaint and can even tender in your defense evidence but no prejury case in the pending matter can be initiated against IO or the complainant at this stage.

You can also approach High Court seeking quashing of FIR based over second complaint and can bring whole matter of RTI proceeding and statement of police officer thereon.

Querist : Anonymous (Querist) 30 March 2010
Thanks Mr. Raj kumar. Is it possible to get the case quashed. Charges are already framed and three witnesses were examined. As the police did not submit the first complaint to the court, process was issued based on second complaint.

Raj Kumar Makkad (Expert) 30 March 2010
It is not a fit case for quashing and moreover trial has also commenced.

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