A.K.LAKDAWALA (LAW SUDENT) 01 November 2013

Criminal complaint filed with forged documents

Sir,

I would like to know that a criminal complaint has been filed agaisnt me with false documents U/s 156(3) CrPC but the learned magistrate was pleased to direct the said complaint U/s 202 CrPC to the Concerned Police Station. After the IO called me for enquiry and perusal of the file I discovered forged documents of Advocate Notice and also Police Documents. I immediately brought in the notice of the concerned IO gave my statement and accordingly filed a written complaint at the same police station.

After perusal of the complaint the senior police officer refused to take congnizanze of my complaint mentioning that this forgery documents was sent from the court and hence I should appear before the concerned court.

Accordingly I filed a written complaint against the complainant before the same court and produced the statement of the senior police officer mentioning that the offence was committed in the court hence he does not have any jurisdiction to take action on it.

The Ld. Magistrate after hearing me has kept my file for order.....but surprisingly the IO to whom I had given my statement U.s 202 CrPC has given a positive report against me......

So can any one please tell me what is the remedy if the court issues process on forged documents in the complaint...because till date the magistrate has not issued any process.

Thanks

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 01 November 2013

You should submit your arguments also stating that the documents produced against you are either fake or fabricated and has been used against you with some inner motive. You should be able to prove your statement and pleadings to this effect and always submit an affidavit to this effect and a written argument so that your papers will speak in volumes if you prefer an appeal in case the judgment going against you.

A.K.LAKDAWALA (LAW SUDENT) 01 November 2013

Thank you Sir for your reply , but my query was the learned magistrate has not yet issued any process against me....but if the Ld. M.M. does issue the process what is the remedy..is it 397 CrPC revision or 482 CrPC before the Hon. High Court

BAALASUBRAMANNYAMM (Advocate) 01 November 2013

Either yourself or the IO are not the competent persons to declare that the available documents are forged one, in question. There is a separate procedure, has to be followed in confirming the documents as "forged or fabricated one" in question.

T. Kalaiselvan, Advocate (Advocate) 01 November 2013

Mr. Baala Subrahmanyam is right. Even before confirming the documents are fake/fabricated how can you go for quashing the case so soon?, who verified the veracity/authenticity of the said documents?, In your own case you are not a competent person or an expert to give your opinion about the issue, so wait until the matter is taken up for trial and prove your mettle then.

anand dwivedi (Advocate) 04 November 2013

At the stage of sec. 156(3) accused have no right to present his own version. you must see chapter 11 of Indian penal code. at the mean time either you proceed u/s 482 Cr.P.C or you wait till issuence of process u/s 204 cr.p.c. Then you have ramidy u/s 397 read with sec. 399 cr. p. c.