Written statement
Rajesh Tandon
(Querist) 15 May 2015
This query is : Resolved
1.It is a query regarding filing of the written statement. I'm a government servant. Recently in the land case related to our department, I had to file written statement. I have filed a written statement. But I was not aware that an affidavit also has to be filed with the written statement. The special executive magistrate is presently on leave. The bench clerk had received written statement and has sent a copy of the same to the petitioner (I believe). As it is we got the process issued by special executive magistrate 20 days late whereby we missed submitting the written statement in time whereby the special executive magistrate had already taken the decision against us.
2. It is only today that I came to know that by amendment of 2002, there is a period of 30 days from receipt of the summons wherein the written statement has to be filed and while filing the written statement day before yesterday, we are still well within this period of 30 days but my worry is that I did not file an affidavit with the written statement and this may give an opportunity to the petitioner to raise the plea that written statement has been filed without affidavit and probably he may request the court to reject such a statement and yet preparing his defence further.
3. This was a case of imposition of section 144 CRPC.
4. Subsequently, yesterday I have filed another application under clause (5) of section 144 CR PC for rescinding the said order passed by special executive magistrate based on the facts and circumstances of the case but that also without affidavit. The requirement of filing the affidavit with the written statement came to my knowledge today morning only through one of the Query answered by somebody on this forum.
5. What are the options available to me. Kindly suggest.
a) Firstly, Can an affidavit be given at this stage separately . If so can a combined affidavit be given for the written statement as well as the fresh application filed under clause (5) of section 144 CR PC for rescinding the said order or to separate affidavits to be given.
b) Secondly, is it that both the written statement as well as the fresh application as mentioned above to be withdrawn and resubmitted with the affidavit.
c) What consequences could be there is the option b) is excerised especially when the bench clerk told me that the copy of written statement submitted by me has been already sent to the petitioner.
d) Do I submit the reasons in the affidavit for not filing initially with the written statement and the fresh application as to my ignorance about the same.
e) Could somebody throw a light as to what could with the format of such affidavit for written statement as well as fresh application.
6. An early reply will be highly appreciated due to the peculiar turn of the event in the case.
R.K Nanda
(Expert) 15 May 2015
query too long.
adv. rajeev ( rajoo )
(Expert) 15 May 2015
I do felt same like what R.K.Nanda said. I request all the members who wants to ask the questions, questions should be in short.
