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srinivas   11 February 2015

Can i file perjury basing on the eyewitness statements

In my 498a case all the 3 eyewitnesses came and told that they never seen me and dont know about any   assault incident which the complaint,his father,mother  has told in their evidence.

Now basing on the eyewitness statements can i file the perjury on complainant,her parents stating that they have given false evidence and intentionally included me in an assault incident which has not happened.

Please suggest



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 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 February 2015

Dear, Yes you should file it .... Rather there are other provisions in IPC which will be applicable in the present case .... Kapil Chandna Adv 9899011450

Fighterr 26 (GOVT.)     12 February 2015

KAPIL CHANDNA SIR PLEASE SUGGEST ME

my wife files 498a/307/323 and dp 3/4  vide crpc 156(3) in acjm court and then on courts direction police filed FIR on may 2011 and also filed crpc 125 on appril 2011. charged framed on appril 2012 498a/323 and dp 3/4.  total 9 witness is there 3 witness over. My wife in her deposition in the acjm court which continue up to 4 date gives so many self contradictory statement  

1.one day she told that after the incident on 19/12/10 (of beating consuming poison forcibly) she was brought to XXX primary hospital there after she returned back to her in-laws house and at that time there is no injury marks in her body and she had a headache but in another day she told from XXX1 hospital she was immediately referred to YYY hospital and she showed the injury marks to the XXX1 hospital's doctor. I ALSO FILED RTI TO XXX1 HOSPITAL THEY REPLIED THAT ON  19/12/10 OR 20/12/10 NO PATIENT ADMITTED IN THIS HOSPITAL IN THIS NAME.

2. One day she told that she became unconscious after the incident thats why she was unable to told the incident to the attending doctors of XXX1 and XXX2 hospital and also told the neighbours brought her to XXX2 hospital. THEN I FILED RTI TO XXX2 HOSPITAL THEY REPLIED THAT THE PATIENTS NOT AT ALL UNCONSCIOUS AND HAD A HEADACHE AND MY FATHER ADMITTED HER ON 20/12/2010 AT 08.51 AM

I filed perjury in reference of my crpc 125 case on december 2014 where she also give so many false statement and I have the documentary evidence and I also attached these documents with application. But the judge is misbehaving with me she(LADY JUDGE) just keep the application in her bag and telling it is her own administrative matter she will take the action as per her wish and she will not tell the same to anyone. She is neither accepting nor rejecting the application. The fact is that she cannot reject the application as I have meterial evidence which she cannot deny. Thats why she is harrassing us.

Sir please guide me what should I do now? Can I approach high court by bypassing the acjm court?

I want to file another perjury application with reference my 498a case. In which stage I should file the perjury application, in between trial or after final judgement?

T. Kalaiselvan, Advocate (Advocate)     13 February 2015

@Srinivas:  Just because some witnesses told that the incidents alleged did not take place, you can file a perjury case.  She should have actually perjured only then a case is maintainable.  This may not attract the provisions, however you consult your lawyer based on some other circumstances.

T. Kalaiselvan, Advocate (Advocate)     13 February 2015

@Fighter26:  You must use your own thread to post your queries and not on some others thread.   For perjury in 498a you may have to wait for the outcome because it is a state prosecuted case.  For the application kept away by the  judge of the court, you may ask  about it in  the open court during the  date of hearing, if she refuses it, then  you  may write to the registrar of the high court or send a petition to the district judge seeking justice on your  petition.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 February 2015

The statements of witnesses are valid evidence as per evidence act.

These can be used for filing perjury in the same court where the main case is going on.

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     06 June 2015

Originally posted by : srinivas

In my 498a case all the 3 eyewitnesses came and told that they never seen me and dont know about any   assault incident which the complaint,his father,mother  has told in their evidence.

Now basing on the eyewitness statements can i file the perjury on complainant,her parents stating that they have given false evidence and intentionally included me in an assault incident which has not happened.

Please suggest

brother srinivas, this is a valid ground for perjury. since your query is 3 months old kindly enlighten the members about whether you filed perjury or not & the status thereon.


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