Giving false evidence
B@75BHAIBABU
(Querist) 23 December 2012
This query is : Resolved
a partition suit case is pending in the court.during partition suit which is still pending opponent party generated a false plan from municipality and in written statement to court prayed before judge to construct house over disputed land .in their written statement they have mentioned about plan but have not submitted the false plan.is it like giving false evidence to court.an opponent be convicted for giving false evidence in court?if so what is the procedure
M.Sheik Mohammed Ali
(Expert) 23 December 2012
how do you know that said document is false ? can you prove it, if you prove it, you will win the case, after finished the suit, than separately file criminal case
V R SHROFF
(Expert) 23 December 2012
Get experts services . Hand writing, experts forensic etc to support your statement of forgery.
Arvind Singh Chauhan
(Expert) 23 December 2012
You have to file application under 340 Cr.P.C before that court, with proof of being false. This court may send it to magistrate of first class and offender may be punished for the offences covered under chapter XI of IPC.
B@75BHAIBABU
(Querist) 24 December 2012
yes i can proove it.i have obtained certified copy of the plan.in that plan there is no similarity btetween existing ground floor plan and the actual structure which is on the ground.is it enough to proove the plan being false
Nadeem Qureshi
(Expert) 24 December 2012
Dear Querist
if you can prove it you should be filed a complaint u/s 340 of Cr.PC
Procedure in cases mentioned in section 195.
(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) Record a finding to that effect;
(b) Make a complaint thereof in writing;
(c) Send it to a Magistrate of the first class having jurisdiction;
(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and
(e) Bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed, -
(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;
1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, "court" has the same meaning as in section 195.
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Raj Kumar Makkad
(Expert) 05 January 2013
I do endorse the detailed information as provided above by many experts.
