Krishna (na) 13 May 2012

Cheating - pls respond

Hi Experts,

A false FIR lodge against my brother for dowry harrasment. Girl's father with the help of a person submit false affidavit in police station that he had taken loan of Rs. 10lac from his sister's son to perform his daughter marriage. Chargesheet is filed in court and this affidavit is also submit. We have investigated this matter with the help of our relative that the particular peace of land is still in the the person name who claimed with affidavit that he sold his agriculture land and help his uncle to perfor her daughter marriage. Charges yet to be frame on us by the court. can we file 420 and 120 IPC case for cheating and crimincal conspircy.

Pls respond at earliest..

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 May 2012

Filing a false affidavit is perjury within the meaning of S.191 IPC, However on these offences direct cognizance or complaint from your side to PS is not permitted. You have the approach the court concerned who would if finds merit in your contention would conduct inquiry u/s 340 CrPC and then make a complaint itself before another court against that person.

Regards

Bharat

Krishna (na) 13 May 2012

Dear Bharat and Ashish Sir,

Thanks for your valuable adivse.. Charges yet not framed on my brother by the Hon'ble court our council is advise that we should wait till opposite byan recorded in court then we will file a counter cases. our next hearing is in oct and opposite party trying every attempt to delay matter. Will it be help us to move application before charge frame...Pls advise.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 May 2012

Let this person first depose in court.

Filing perjury pre-maturely would just warn him.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Cheating - pls respond

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