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Milap Choraria (Editor)     22 September 2013

Contrary statement in complaint and deposition

A Complaint Case was filed against me and 7 others by father of my Daughter-in-law, that I snatched Rs.4200/- and my wife snatched Golden Necklace from his daughter. Immediately they could not go to Police Station because they rushed to residence for treatment from private Doctor. Whereas in initial deposition the aforesaid complainant the father of my daughter-in-law stated that immediately after alleged incident they rushed to Police Station.

I have already filed application under Section 340 of Cr. P. C. against my daughter-in-law for making false allegation that her father at the time of her marriage (held on 26/01/1996) was forced to make cash payment Rs.15,00,000/- and spent other expenses on account of jewelry and other items, which according to the then market rate could have been of Rs.20,00,000/-. After knew about aforesaid false allegations, I served legal Notice under Section 80 of CPC, upon IT Department, as a result IT Department served Notice upon father of my daughter-in-law and recorded his statement on oath, whereby he admitted that he not paid or make any expenditure on account of any kind of dowry. The father of my daughter-in-law is an practicing IT Advocate. My son also filed applications under Section 340 of Cr. P. C. in the maintain Case filed under Section 125 of CR. P. C. and also affirmed affidavit to file another application under Section 340 of Cr. P. C. in her Divorce Petition.

My advocate advised that the contradictions made in the Complaint case and initial Deposition cannot be made a cause of action for application under Section 340 Cr. P. C.

What is your opinion.   



Learning

 9 Replies

adv.raghavan (Advocate,9444674980)     22 September 2013

yes what he says is correct.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 September 2013

read section 340 of Cr.P.C

R Trivedi (advocate.dma@gmail.com)     26 September 2013

Your Daughter In Law must have stated this allegation in her affidavit, and IT department has taken her father's statement on oath.

 

So legally speaking one of them is lying on oath, either she or he ? her case against you is certainly weakened, but from  this information alone it is not proved that she is lying. S.340 CrPC can be moved in such circumstances, but may not yield much except her harassment. The thumb rule is any false evidence on oath, which is material to the case may attract S.340.  Meanwhile read IPC S.170 to S.200 and S.155. 

Milap Choraria (Editor)     27 September 2013

Sirs,

Thank you for replies. It is matter of fact that application filed under Section 156(3) of Cr. P. C. on affirmation of affidavit stated that her father, at the time of her marriage, (on 26/01/1996),  was forced to pay Rs.15,00,000/- plus expenditure on account of jewelry and other goods, which could have value of Rs.20,00,000/-. After my legal notice ITO served notice, upon her father, who on oath made 7 pages detailed statement, meaning thereby that he not paid any cash nor given any other item under dowry definition. He stated that gifts were given, and he will supply details with two thereafter, since same were described in his Income Tax Returns. Since such statement, too was also far from the truth, since marriage was held in a pure Jain custom. As such he subsequently made a affidavit stating that such details are readily not available.

In fact, the father of my daughter-in-law, being Income Tax practicing Advocate, Kolkata was abetted by Kolkata Land Mafia, and might have ensured monetary resources, as such aforesaid complaint was lodged after more than 3 three years from her desertion being admitted date of her left from her husband i. e. 10/12/2003, the aforesaid complaint was lodged on 18th January, 2007, and ensure my arrest on 6th June, 2009, without collecting any credible evidence, and ignoring the two earlier Police Reports that alleged incident was not occurred within the area of Police Station, which helped us to get bail on the very same of production before the Ld. Court, Howrah.

Thereafter, they with intention to create duress and pressure, send some documents, including draft of a letter to be written by me to various Public Authorities including Income Tax Department, Home Ministry of UOI and West Bengal and others that whatever complaints made by me were not based on truth, which was not acceptable to me. At the same time, such was evidence of the fact that such letters were required to protect aforesaid Kolkata Land Mafia, against whom I submitted few hundred applications under RTI Act, and collected important documents.

When they failed in their bid to bow down me, as per their dictate, on 15th June, 2009, with clear object to file a petition in the aforesaid 498A case on 23rd June, 2009 to cancel the interim bail granted on 9th June, 2009, and accordingly on 22nd her father filed a Complaint Case that on 14th June, 2009 (which was a Sunday), I along with 7 other persons, when she and her father along with two of his friends were in way to catch a Bus, we surrounded them and I snatched Rs.4,200/- from her father and my wife snatched a Golden Necklace from her. In his aforesaid Complaint filed before the Ld. Court he submitted that immediately they could not go to Police Station because they rushed to residence for treatment from private Doctor. Whereas in initial deposition made in the aforesaid complainant Case, the father of my daughter-in-law stated that immediately after alleged incident they rushed to Police Station.

madhu mittal (director)     28 September 2013

Respected Sir,

please go through this citation, it may be helpful to you:

MANU/SC/0197/2005

Equivalent Citation: (2005)4SCC370, AIR2005SC2119, JT2005(3)SC195, 2005(II)OLR(SC)102,2005(1)UJ675(SC)

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 402 of 2005 (Arising out of Special Leave Petition (Criminal) No. 4111/2000) with Criminal Appeal Nos. 904 and 1069-1070/1998

Decided On: 11.03.2005

Appellants: Iqbal Singh Marwah and Anr.
Vs.
Respondent: Meenakshi Marwah and Anr.

Hon'ble Judges:
R.C. Lahoti, C.J., B.N. Agarwal, H.K. Sema, G.P. Mathur and P.K. Balasubramanyan, JJ.

 

Subject: Criminal

Milap Choraria (Editor)     28 September 2013

Many Many thanks to Madhu Mittal.

In fact I have used this Constitutional Bench Judgment to proceed further my application under Section 340 Cr. P. C., in 498A case as well as my son used in her Divorce Petition. But, in third case, which was was filed by father of my daughter-in-law, with false allegation that on sunday, when they were passing through outside Howrah Court, I snatched Rs.4200/- from him and my wife snatched golden necklace from her. Important legal question is that contradiction between his statement in complaint case and initial deposition can be termed as perjury or not? 

madhu mittal (director)     29 September 2013

Respected Sir,

MANU/DE/3134/2010

Equivalent Citation: 174(2010)DLT214, 2011(121)DRJ328

IN THE HIGH COURT OF DELHI

Test.Cas. No. 19/2004

Decided On: 18.11.2010

Appellants: Sanjeev Kumar Mittal
Vs.
Respondent: The State

Please go through the above citation, it may be helpful to reach the conclusion,some of its paras are following:

1. Respondent No. 2 has filed this application under Section 340 of the Code of Criminal procedure for holding an inquiry and to make a complaint to the concerned Magistrate against the petitioner under Sections 193, 196, 199 and 200 of the Indian Penal Code. This case demonstrates the extent and type of malaise which clogs the wheels of the justice delivery system. It is an instance of how litigants make false averments of facts in the pleadings and raise untenable contentions with impunity.

6.6. If there is falsehood in the pleadings (plaint, written statement or replication), the task of the Court is also multiplied and a lis that could be decided in a short time, then takes several years. It is the legal duty of every party to state in the pleadings the true facts and if they do not, they must suffer the consequences and the Court should not hold back from taking action.

6.13….. Even if they were not so glaring, once falsehood is apparent, to not take action would be improper.

8. False averments in pleadings are sufficient to attract Chapter XI of the Indian Penal Code

8.9. Consequently, there cannot be any doubt that if a statement or averment in a pleading is false, it falls within the definition of offence under Section 191 of the Code (and other provisions). It is not necessary that a person should have appeared in the witness box. The offence stands committed and completed by the filing of such pleading. There is need for the justice system to protect itself from such wrongdoing so that it can do its task of justice dispensation.

 

10.2. A common thread that can be culled out from these decisions is that perjury, which includes false averments in pleadings, is an evil to eradicate which every effort must be made.

 

6. ...Criminal Contempt has been defined in Section 2(c) to mean interference with the administration of justice in any manner. A false or misleading or a wrong statement deliberately and wilfully made by party to the proceedings to obtain a favourable order would undoubtedly tantamount to interfere with the due course of judicial proceedings

Milap Choraria (Editor)     10 October 2013

I have gone through the Entire Judgment. But basic drawback in Complaint case against me is that application filed under Section 156(3) of Cr. P. C. is without any affirmation of affidavit or lack of verification. Can we pray for return of the Complaint since its without supported by any affidavit or verification?


Attached File : 795142831 application-22.6.09-01.pdf, 795142831 application-22.6.09-02.pdf, 795142831 application-22.6.09-03.pdf downloaded: 223 times

madhu mittal (director)     10 October 2013

Respected Sir,

please go through the belowmentioned query, it may helpful to you:

https://www.lawyersclubindia.com/experts/Perjury-401066.asp#.UcNRyef-GS4


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