False statement submitted with affidevit in court
kashif
(Querist) 03 October 2012
This query is : Resolved
Some Mr X in 1971 filed a suit in a revenue court unde section 229 B , in plaint he stated that the provisions of UP urban area ZALR Act are applicable to the disputed property (Khasra No xxx). In 2011 the same person filed a suit in a civil court , now he stated in the plaint that the provisions of zamindari abolition are not applicable to the same disputed land (Khasra No xxx) thus making a totally opposite statement from the previous one. Plaints in both the cases are accompanied with affidevits. plz tell -
1) can section 340 crpc be invoked against the plaintiff in the current case
2) can the respondants in the later case question the mental soundness of the plaintiff using his previous statemets certified copy
Thyagarajan
(Expert) 03 October 2012
It is up to the revenue court to make inquiry under Sec 340 and forward its recommendation to magistrate to prosecute the offender
Rajeev Kumar
(Expert) 03 October 2012
If you have the certified copy of both affadavit then pray to the revenue court to make an inquiry u/s 340 of cr.pc on the basis of both documents and forward its recommendation to magistrate to prosecute the offender.
kashif
(Querist) 05 October 2012
This is w.r.to my previous querry titled " false statement submitted with affidevit in court " , Experts I want to further state that the case u/s 229 B of 1971 stated by me was decided in the revenue court in 1976. Presently the case of 2011 is in civil court. Can application u/s 340 crpc be moved in civil court by making reference of the false affidevit submitted in this i.e civil court that provisions of ZALR are not applicable to Khasra No xxx ( by giving reference of the revenue court affidevit)
