Perjury on court record
Mohan Mandelia
(Querist) 27 July 2012
This query is : Resolved
Sir,
JMFC has registered case U/S 138NI Act 420,467,468,IPC upon receiving a private complaint against four accused ,Complaiant and new learner counsel filled Central form for registration with one more additional section IPC 465 which the case was not registered by the JMFC and also mentioned the name of accused only three in place of four.
By intentionally complainant add one more section IPC 465 and substract one accused name.
After five month he added accused name in court file but as a record of central registration still three accused were mentioned.
Now I have both the certify copy previously when No 4 accused was not added and currently when he added 4th accused,After than I filed application against complaiant
Sec 340 read with 195 IPC now JMFC has not passed any order since last two years neither he call record for central registration nor he registerd the case against complaianant,
What can we do for start proceedings against complaianant.Or any further application we can produced on the same court for calling the record of central registration.pl advise.
PARTHA P BORBORA
(Expert) 02 September 2012
A Trial court may add, alter or change the charge at any time before pronouncement of the Judgement.
He may even issue Summons to any person to appear before the Court to face Trial if it appears from the evidence on record that the person is involved with the commission of the offense, even though he was not named in the original complain petition. in this connection the the Court has its discretionary power; but the discretion must be judicious.
