False affidavit in high court
S.D. Singh
(Querist) 05 November 2015
This query is : Resolved
In a case of 409/420, where charge have been framed by the trial court, one of the accused approached high court u/s 482 for quashing charge. The court ordered "No coercive action shall be taken against applicant till date of next listing ". The case was related to cheating by builder where he taken several lakhs of rupees and even did not start construction over the unit allotted even after expiry of substantial time from the committed date when he had to complete the building. On infomation , complainant of the case studied the application and noted that In his application-affidavit accused has falsly mentioned that "construction of the house is complete ", whereas there is not even single brick work on the house. Please advise what should be done by the complainant of the case for this 100% false affidavit submitted by accused in High Court. Is this an offence.
Devajyoti Barman
(Expert) 05 November 2015
Apply in high court for vacating the interim order on the ground of false statement.
Another option is to file petition u/s 340 crpc in the same court so court takes criminal action against the false statements.
Rajendra K Goyal
(Expert) 05 November 2015
Try to get the stay vacated from High Court in view of the false affidavit.
S.D. Singh
(Querist) 05 November 2015
Whether i have to file separate app u/s 482 for vacating interim order.
Dr J C Vashista
(Expert) 09 November 2015
1. Have you collected photographs and other evidences to prove that the builder is yet to start construction? If so, attach them with an application u/s 340 Cr. PC duly supported by affidavit for committing purjury.
2. Yes, a separate application is required to vacate interim order.
S.D. Singh
(Querist) 09 November 2015
Thanx experts. Happy dipawali.
K.S.Srinivas
(Expert) 11 November 2015
Agreed with Dr.J.C.Vashista.
