Legal Question in Criminal Law in India

A complainant preferred to lodge an appeal against the order of a lower court to a superior court to which the former is subordinate. The case files from the lower court were called for during the proceeding in the upper court. However here also the petitioner�s case was dismissed. Subsequently after the proceeding were over the applicant lodged a complaint in lower court under section 340 crpc that one of the documents filed by the respondent before it was of perjuries nature.

The petition was taken as miscellaneous one and notice was sent to respondent to be present during preliminary enquiry to have his say in the matter. But the case was taken as though the documents were filed during proceedings in higher court during appeal. Does this mean that the documents that were forwarded by lower became those that were filed in upper court as well? Also should the respondent file an appeal under section 341 crpc, if the case under sec 340 crpc goes against his interests, to a court to which the upper court is subordinate?


Asked on 8/20/09, 1:35 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

mere filing of documents in court is not enought and the complainant has to show that the documents were forged during the proceedings and pendency of the suit. in case the documents were forged before the suit was filed, 340 is not maintenable.

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Answered on 8/20/09, 2:44 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the above opinion.

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Answered on 8/20/09, 11:37 am
Shrichand Nahar S.V.Nahar, Advocate

First of all find out in which court purported forged document was filed. The action under section 340 Cr.P.C. would be maintainable before the court where forged document was filed.

As per the ratio laid down by the Supreme Court in Sachida Nand Singh matter and upheld by larger bench, in case of forged document, an action under ordinary law can also be initiated under applicable sections of IPC dealing with forgery, except section 471 IPC.

Filing or non-filing of an appeal depends on several factors. Consult your lawyer for proper guidance.

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Answered on 8/21/09, 12:44 am


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