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498a Discussion Forum - View topic - CAN I FILE PERJURY NOW.
It is currently Tue Jun 15, 2021 12:52 pm



Reply to topic  [ 6 posts ] 
CAN I FILE PERJURY NOW. 
Author Message

Joined: Thu Oct 15, 2009 4:45 am
Posts: 143
Dear All.

Thanks for support of All received on forum to fight My Case of CRPC 125. which I think I Win the Case.

I Got final Judjment copy of CRPC 125 yesterday. (Her Maint. Rejected / Allowded Rs. 750 / - to 3 yrs Child)

In which all alligations made by her is invain & I have all proofs regarding the same.

So, Further.

1. Can I file Perjury against her now.

2. If yes : Under what section.

3. In Which Court.

4. What is the procedure.

Please Guied for the Same.


Wed Apr 13, 2011 6:53 am
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Joined: Sun Mar 28, 2010 7:19 am
Posts: 568
What did she do under the Perjury umbrella?


Wed Apr 13, 2011 7:30 am
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
Ruturaj,
Do not be in a hurry;Check all the affidavits she has filed on which her claim was relied upon;Then you see the validity of perjury points you want to produce in court;Consult your lawyer
Examine these factors carefully:-


1. False statement made by a person

Who is --

2. bound by an oath
3. By an express provision of law
4. A declaration which a person is bound by law to make on any subject
5. Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
CrPC 340:
a.Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence covered under IPc 195.
b.Court can take action and make a complaint to concerned magistrate u/s 340 either suo motu or on an application made to it on that behalf.
Sanction of the public servant court is a must for offenses in (a).
Sanction of the court is a must for offenses in (b).
Any Civil, Revenue or criminal court can proceed under this section.
Person against who proceedings are initiated has no right to participate in preliminary Inquiry.
The trial for the offence will be held by the magistrate based on complaint by the court acting u/s 340 sanctioning prosecution.
The order is appeal able only once and no second appeal or revision lies.
Requirements for starting prosecution:
The court is not bound to start prosecution.
Only if it is expedient in the interest of justice and affects administration of justice.
Contradictory evidence is not enough for prosecution.
Offence must have been committed intentionally.
Perjury should appear to be deliberate and conscious.

Conviction is reasonable probable or likely.
Reasonable foundation for the charge must exist.
Statement given by complainant in FIR u/s 154 cannot be basis of prosecution u/s 340.
Statements given to police u/s 161 are not evidence.

If you think above perimeters are suitable in your case go ahead.
It need to be dome very methodically with a cool mind and logically picking us all lose threads and false evidence produced in the court intentionally


Wed Apr 13, 2011 8:50 am
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Joined: Thu Oct 15, 2009 4:45 am
Posts: 143
Thanks : -

She commes under such umbralla.

She is giving false Statment / Affavidet. (She has done that & I M having all Proof of it & on that basis her maintainence is rejected by Hon Judge)

1. Then how to proceed for section 340.
2. Is ther any time period to file Perjury.
3. What is the procedure.
4. In which court it can be filled. (In family court or in any new court)

Because as per my knowledge and findings they are preparing a new case (ie. DV / Revision of Crpc 125 etc. For this reaso i want to hit them first)


Please Guied.


Wed Apr 13, 2011 9:58 am
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
Hi Ruturaj,
You will surely need a lawyer to do this for you but the procedure is summed below for your general guidance only.
PROCEDURE:

Receive application or suo motu – application can be filed by a person not party to the proceedings in relation to which the offense is committed.
The court where application is filed only decides if inquiry should be made
Hold preliminary inquiry (not essential in law)
Record findings
Make a complaint in writing - include offence, facts on which it is based and evidence available for proving it. The judge has to sign the complaint himself.
Forward it to a first class Magistrate having jurisdiction.
IPC 192:

No condition to be bound by oath.
Reasonable prospect of proceedings and intention to use the fabricated evidence in such proceedings. Proceedings need not be in progress.
Material omission is made in an entry or a statement
Affidavit- making a document containing false statement to be used as evidence in a judicial proceeding.
Criteria:
Particular Intention that false document so made should appear in evidence in a judicial proceeding.
Reasonable prospect of using the document is sufficient to establish offence.

Should be material to the result of the proceedings- Judge is made to entertain an erroneous opinion touching nay point material to the result of such proceeding based on such fabricated evidence.

IPC199:
False statement made in declaration which is by law receivable as evidence.

IPC200:
Using as true such declaration knowing it to be false


Wed Apr 13, 2011 10:28 am
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Joined: Thu Oct 15, 2009 4:45 am
Posts: 143
Dear All.

Can we file perjury after complite of case.


1. 15th Feb 2011 Judgment given by Family Court u/s. crpc 125 (No maint to B****, partly allowded to child Rs. 750 /-)
2. She moved to HC on July 2011 & HC rejected her application. Given Judgment on 22nd Nov 2011.
3. After Judgment on 15t Feb 2011 I am sending Maint to child Rs. 750/- at address given by her in Family Court. (Her Address is fake)
4. All mantai money not accepted by her and regurned back to me. (Because her address is fake)
5. Now she has applied for recovery on same fake address & I am also having all proofs of her lie during the process of case.


So, now even after complition of case can I file a Perjury during recovery process.
She has lied on owth and i am having all proof of her lied during the process of case & in Judgment of Family court Judge also mention the truth that she is lying.

Please Guied.


Mon Jan 30, 2012 7:02 am
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