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Srinivasan (Marketing)     16 December 2024

Fir and pcr jurisdiction

Sir, Could you please help me with this query:

I have a on-going civil recovery suite in Bangalore and Plaitiff office and Defendant office are in the same Jurisdiction. During the course of Trail, Defendant produced several fabricated documents (which are fabricated in another state) which we have confronted with the original documents received thru RTI from the another state and later these documents got marked by Plaintiff without objection. The case is still in progress where Defendant has not rebutted with any supporting documents etc... for the fabricated documents submitted by him.

I checked with my Advocate to file Application U/s 340 CrPc but advocate denied the request stating that best to file Police Complaint with U/s 463, etc...

Now the question is to file Police Complaint, the forged documents are from outside state and is produced by defendant in Bangalore court, and also the original documents that we obtained is also from outside state which we got it marked in the evidence, in this situation, what would be the Criminal Court jurisdition to try this case. My advocate says that, we will have to try but not sure about the jurisdiction. Can experts provide any input or suggestion with this. Thanks -



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     16 December 2024

This is an unnecessary effort you are going to take now.

If the documents he filed was not marked as exhibits on oath then there is no question of the defendant perjuring the law. 

Also by filing certain documents before court even though they are fabricated, he has not committed any crime, the puunishment for this that he will lose his case.

Therefore you may not get deviated and ultimately get derailed from the main subject by unnecessarily indulging in such unwanted subjects especilly when your case is very strong and the possiblities for success is on your side. 

P. Venu (Advocate)     16 December 2024

It is ideal that you wait till the disposal of the suit. 

Anyhow, you cannot apprach the police directly as to the incidents in a judicial proceeding. Court alone can take cognisance on its own motion or on the application of the parties.


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