Forgery in court documents and alteration of fir
Purnchand tank
(Querist) 12 April 2013
This query is : Resolved
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This is a case of alteration in FIR. The FIR was filed, only to extract Rs.20,000/- as bribe, in accident case. in favour of Autorickshaw driver, who did not have even licence. Before writting FIR in our favour, and against driver, the PSI demanded bribe, which we refused.
The FIR was filed in court as the procedure is with in 24 hrs. Incidently the driver was not present, so the police used thumb ipression, and that too not writting the name by the side of thumb impression, as the normal rule is. after six months or so the uncertified copy came in our hand, that too from police. when we made the inquiry through friend who knew little bit law the police made the second thumb imression on FIR in court record. The thumb ipression is of differen person. we took the certified copy of this FIR .This the Police did because the driver had run away, and in his absence the filed the FIR.
To us it is a clear case of forgery of court record. can the police amend and place second thumbe ipression like this. Can it be consdered regular. will the court allow such amendment.
Can be file the criminal case under section 340 Crpc, in the came court, for forgery or froud on court. can be go directly file criminal case against police, with out asking for sanction from commissioner of police. please suggest us the simple and direct method. Since the crime took place in the court so the same court shall have authority to accept the case u/s 340. please show us the way to put the law in motion
P R Tank
Aurangabad
Maharastra.
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Devajyoti Barman
(Expert) 12 April 2013
Since act alleged was in connection with official duty, it is better to seek sanction first.
No need for 340 crpc petition to be filed.
File straight way criminal case for forgery of public record.
Sudhir Kumar, Advocate
(Expert) 12 April 2013
sanction of prosecution is not required at FIR stage. It is required at stage of cognisance.
In private complaint generally it will be denied. Better make put a PC case before Anti corruption bureau
Raj Kumar Makkad
(Expert) 13 April 2013
Section 340 is not attracted in the given facts. You need to file a criminal complaint before the erring police officials under section 420,467,468,471,120B of IPC and meanwhile should move an application in the ongoing case and should demand to send the documents containing thumb impression in the highly reputed lab for verification so that you may further initiate action in both the cases. Until and unless the office do not stand committed on the basis of any documentary evidence, the chances of initiation shall be very bleak.
