False affidavit criminal complaint and civil pettion
Advocate.S.A.Siddiq
(Querist) 05 November 2011
This query is : Resolved
A muslim couple illegally obtained exparte Guardianship order from District court. They are filed False application, False affidavit etc in court.
This position, After 9 years. The biological parents file the Removal of guardian petition (u/s 39 of guar and wards act) to the District court.
Than they filed Criminal complaint before J.M Court , u/s. 190 Cr.P.c r/w 419,177,199,200,209,465,406,341,506(1), 500, 211, 120(b)
The hon'ble JM direct the petitioner to file complaint u/s. 419,177,199,200,209,211 IPC to District court
I think above said sections are triable by magistrate. pl. give the correct direction .
Raj Kumar Makkad
(Expert) 05 November 2011
Judicial magistrate has passed a wrong order. Even if any offence triable by Sessions even then complaint shall be lodged before JM who after obtaining preliminary evidence shall send the file to Sessions Judg for his further action, if prima-facie any evidence is available on file necessary to summon the accused persons.
Sankaranarayanan
(Expert) 05 November 2011
yes i do agree with mr rajkumar 's opinion
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 November 2011
Your application is under crpc 340 which includes all the section raised by you. Revision is available before sessions court against the order of lower court. Follow this route.
bhupender sharma
(Expert) 07 November 2011
The session court is not a court of original jurisdition to take the cognizance. Mr. Makkad is right.
dev kapoor
(Expert) 07 November 2011
All sections of the IPC mentioned in your qry are not exclusively triable by Sessions Judge.Order of Mag is incorrect.File av review application as the order passed by JM is neither judgment nor final order so that it come under section 362.JM has the power to review his order.You application should state that he is competent u/s.190-200 Cr.P.C unless he exercises jurisdiction u/ss.207 & 208 Cr.p.C
