Given fake death certificate in JMFC court to abate case against him

[vijay wh]

in a criminal case of IPC 498 a,504,506,323 one of the co accused given a false death certificate to the Magistrate through his lawyer and other co accused and also suscceded in abetting case further against him as per order of JMFC court before framing of charges stage .when complainant asked concerned office through RTI application about the issued death certificate before concerned sub registrar office it was found fake death certificate.Now my question is how to make such criminal act maintainable considering bar imposed by Section 195(1)(b)(ii) CrPC.How to file fresh complain under forgery and cheating acts which should also be maintainable.

[Dr. Ashok Dhamija]

On the basis of limited facts known to me, it appears that there are two parts of the offence. The first is making a forged document outside the court, and the second is using that forged document to give false evidence in court.

For giving false evidence in the court by using a fake document, you may follow the procedure laid down in Section 340 of the Cr.P.C. File an application under Section 340 Cr.P.C. before the court in which such false evidence was tendered.

If the forged document was made outside the court and if such offence was complete even before the submission of the fake document in the court, then such forgery may be an offence for which court permission may not be necessary and you can file a complaint with police or a private complaint case in the Magistrate court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[vijay wh]

Thanks for the reply,I have 2 question now:

1.If we move application u/sec 340 crpc before the JMFC court where it was produced then same JMFC court can order to file FIR or it will be transferred to some other JMFC court ? and FIR registration is possible if we move application under 340 crpc ?

2.Can we make party to opposite lawyer and other co accused in such application under section 340 crpc who had produced this fake certificate in JMFC on behalf of other accused ?

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