Where to file complaint for perjury if matter is over
Ashok Kuvadia
(Querist) 18 June 2023
This query is : Resolved
Dear Experts,
1) The earlier Secretary (say “Mr. X”) of my Co-operative Housing Society has prepared a fraudulent resolution of date 01.05.2006 and allotted to himself development rights to construct building. He has forged my signature as well in the same.
2) I filed Police complaint for forgery – Police obtained opinion of hand writing expert – it is confirming forgery of my signature – FIR registered against “Mr. X” (earlier Secretary) – he was tooked in Police custody – Hon’ble Magistrate Court rejected his bail – Hon’ble Sessions Court also rejected his bail by noting that- “there is not a single appointment letter from other member indicating he (accused “Mr. X”) was appointed by members as developer”.
3) Therefore to get released on Bail from Hon’ble High Court, “Mr. X” (earlier Secretary/accused) get affidavit executed by current Secretary (say “Mr. Y”) and other members mentioning therein they have appointed “Mr. X” as developer on 01.05.2006. Hon’ble High Court released him on bail after 21 days. Thus matter is over at Hon’ble High Court.
4) Charge-Sheet is filed in 2010 against “Mr. X” before Hon’ble Magistrate Court for cheating, forgery, destruction of evidences and matter is pending as not heard case.
5) Simultaneously, in-person, I has also filed a dispute before Hon’ble Co-operative Court (Trial Court) against Society and others, wherein said resolution dated 01.05.2006 and other fabricated documents are impugned and challenged and sought its declaration of illegality. The current Secretary (“Mr. Y”) filed same affidavits of all members which was very first filed before Hon’ble High Court.
6) While giving evidence by current Secretary (“Mr. Y”) at Co-operative Court, he enters into witness box, gave evidence under oath, admitting thereby that earlier Secretary (Mr. X”) has submitted his offer on 10.10.2007 and appointed as developer on 25.03.2008.
7) Because of my illness, I couldn’t appear afterwards, Hon’ble Co-op. Court dismissed my dispute. Appeal against the same is pending at Hon’ble Co-op. Appellate Court. But, Hon’ble Co-op. Court also noted in its judgment that “Mr. X” (earlier Secretary) submitted his offer on 10.10.2007 and appointed as developer on 25.03.2008.
8) Consequently, as per evidence under oath of “Mr. Y” (current secretary) and by judgment of Co-op. Court; “Mr. X” (earlier Secretary) appointed as developer on 25.03.2008 and NOT on 01.05.2006. Thus “Mr. Y” (current secretary) and other members had given false evidence, committed perjury, first with Hon’ble High Court and then with Hon’ble Co-op. Court. But at both the Courts matter is over.
My Question:
a) Since matter is over at Hon’ble High Court and Co-op. Court, where a complaint for perjury is to file?
b) If at Hon’ble High Court, then by way of simple complaint or by Writ Petition?
c) If at Hon’ble High Court, then can I seek for cancellation of Bail also, since it has obtained on the bases of false evidence?
d) If it is to file at Hon’ble Magistrate Court, then in the case of pending Charge-Sheet OR by new case?
Query might feel little lengthy and I may be excuse for the same. But explanation of fact is also important.
Experts are humbly requested to give point wise reply, if possible.
Thanking you.
AKK.
T. Kalaiselvan, Advocate
(Expert) 20 June 2023
Te question of perjury may not arise because the trial court has dismissed the case, hence only an appeal is maintainable.
You can mention all the details with documentary evidences before the appellate court and get the accused punished.
When the accused has been acquitted then where is the question of cancelling the bail.
Moreover without ascertaining the proper reason for granting the bail, your application for cancellation of bail will not be entertained.
Ashok Kuvadia
(Querist) 20 June 2023
Thank you very much Advocate Mr. T. Kalaiselvan for your reply.
The accused is not acquitted. But the Charge-Sheet is pending. The charges are also yet to frame.
It has mentioned in Hon'ble High Court's order granting bail, that documents of Society is lost in flood. Therefore Society or accused does not possess any original documents.
But in the High Court's order, there is no mention of a single word about affidavit executed by members in favour of accused. And now Charge-Sheet is already filed. Then in such a situation, can I initiate appropriate procedure before before High Court for cancellation of bail?
Awaiting for your valued guidance.
AKK.
Dr. J C Vashista
(Expert) 25 June 2023
If charges are yet to be framed, wait for the trial.
You can file a petition for cancellation of bail if terms and conditions for grant of bail are violated or there is likelihood for destruction of evidence or influencing any witness in any manner.
If the accused has stated that the documents have been destroyed in flood, whereas you can prove it otherwise i.e., same documents are available move an application u/s 340 Cr PC for filing false affidavit.
It is not compulsory for the High Court to mention all facts / affidavit etc. in an order for granting bail to accused.
Ashok Kuvadia
(Querist) 25 June 2023
1) Thank you Very much Dr. J. Vashista for your valued reply.
2) False evidence is given by current Secretary "Mr. Y" and other members. They filed affidavit firstly to High Court and then same affidavit secondly to Co-operative Court stating that they has appointed earlier Secretary (accused) "Mr. X" as developer and given development rights on 01.05.2006.
3) Whereas same current Secretary ("Mr. Y") deposed under oath to Co-operative Court admitting thereby that earlier Secretary (Mr. X”) has submitted his offer on 10.10.2007 and appointed as developer on 25.03.2008.
4) Thus current Secretary "Mr. Y" and other members had given false evidence, first to High Court and then to Co-operative Court, about appointment of earlier Secretary (accuse) "Mr.X" as developer. Matter of Co-operative Court is pending in Co-op. Appellate Court.
