False Written Statement

MSC Shekar (Querist) 14 February 2011 This query is : Resolved
In a Civil Suit a government department filed a false Written Statement just to drag on the case. Can take any criminal action against that Government Department?

Thanks in advance

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R.Ramachandran (Expert) 14 February 2011
There is nothing criminal about it, you have to bring it to the notice of the Court about the falsity of the statement by adducing adequate evidence.

indrajit mukhopadhyay (Expert) 14 February 2011
no criminal case is maintainable here ,put the real doc. before the court and get the justice.

Amit Minocha (Expert) 14 February 2011
the WS must be supported by an affidavit. Once they depose the facts in their evidence, you can trap them in cross and move an application u/s 340 CRPC at that stage

Dineshwar Singh Kaushik (Expert) 14 February 2011
I feel Mr. R Ramachandran is correct.

Devajyoti Barman (Expert) 14 February 2011
However, if you could make a prima facie case of falsity then you could file a petition u/s 340 crpc so the civil judge send the petition to the Magistrate to make necessary inquiry and to issue process.

A. A. JOSE (Expert) 16 February 2011
If you are able to prove about falsity of the W.S/affidavit, you may move a petition u/s 340 crpc.

M V Gupta (Expert) 18 February 2011
Any false statement made in an affidavit filed in Court attracts prosecution by the Court for perjury. Follow the advice given by the above experts.

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