Legal Question in Criminal Law in India

While dismissing a petition made before a civil court it had observed that the petitioner have not proved the case against the respondent and that there was room to believe the petitioner had harassed the respondent by filing the suit.

Subsequently the petitioner had filed a miscellaneous petition in a Metropolitan magistrate court that one of the respondent�s document that he filed before the civil court in the proceedings was of perjuries nature that accounted to turn the case in his favor

The Magistrate after recording the statement refused to take the case in to file and dismissed my petition observing that the case can only be admitted if the concerned court makes a complaint under section 340 crpc based on an application made before it by me.. Also it observed that �the averments are made in the good faith in the interest of saving the individual�s interest'.

Was the Magistrate referring to the civil courts averment �the petitioner had harassed the respondent� or the perjuries statement of the respondent?


Asked on 10/03/09, 12:40 pm

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

Only on reading of both the Civil Court as well as Magistrate Orders, any conclusion can be drawn.

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Answered on 10/03/09, 10:32 pm
Shrichand Nahar S.V.Nahar, Advocate

Order of Magistrate may be correct so far as it relates to action on use of false/forged document in the court. However, in respect of offence of preparation of false/forged document, the Magistrate can proceed further even without complaint by the concerned court.

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Answered on 10/04/09, 2:23 am


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