Police not registering FIR

[Sri Kanitkar]

1. I have irrefutable and several proofs that my opponent has submitted forged documents in affidavit submitted in civil suit to harm me.
2. Due to clout with police, they do not register FIR against opponent.
3. Should I use the u/s 156(3) CrPC route or here again the police can comment that no ‘cognizable offence has occurred’ and not register an FIR?
4. Or should I sue for perjury u/s 195 IPC and / or u/s 340 CrPC to reveal the lies? Will I still need an FIR to file a perjury petition? In which court should I file a perjury petition.
5. Thanks a million.

[Dr. Ashok Dhamija]

You’ll have to make an application for taking action for perjury against the party filing forged documents in evidence. This will have to be filed under Section 340 of the Cr.P.C. before the court where such forged documents have been filed. Please keep in mind that even a civil court will have power under Section 340 Cr.P.C. if the forged documents were submitted in such civil court. Offence of perjury may have been committed under Section 193 IPC, or may be under some other relevant section such as Section 194 or 195 of IPC, etc., depending upon the exact nature of the perjury committed. There is a bar on taking direct cognizance of such offences of perjury, as mentioned in Section 195 Cr.P.C. (remember, this is Cr.P.C., and not IPC; so don’t confuse), without the complaint in writing on the complaint of the court in which such perjury has been committed. That’s why you’ll have to move the concerned court (even if it is a civil court) wherein forged documents are submitted under Section 340 Cr.P.C. for initiating action in this regard.

Police will not register FIR in this case, since the court is supposed to initiate action.

     

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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.

[Sri Kanitkar]

Respected Sir,

1. Thanks for your reply.

2. I humbly beg to differ from you because this is a complicated issue and several High Courts have given conflicting judgments. In the Cr.P.C. Book by Ratanlal & Dhirajlal (LexisNexus), u/s 195(1)(b), the police is empowered to register an FIR when a document is forged outside a court and then produced in the Court. There is a Supreme Court judgment of Iqbal Singh Marwah v/s Meenakshi Marwah. [Appeal (Cri)402 of 2005. Date of Judgment:11/02/2005 by a Constitution Bench headed by CJI RC Lahoti, arising out of the SLP (Cri) 4111/2000.

3. In view of this may I humbly request you to guide us again.

4. In what format should I register a complaint of forgery in the civil court (High Court – Original Side)?

[Dr. Ashok Dhamija]

You are right. The judgment referred to by you is reported as Iqbal Singh Marwah v. Meenakshi Marwah, (2005) 4 SCC 370 : AIR 2005 SC 2119.

However, please note that registration of this FIR (or private complaint) will not be for an offence of perjury, but for the offence of forgery. And, for this, you’ll need to produce evidence of the forgery having been committed prior to its production in the court.

What I had stated in my previous reply related to the offence of perjury. I was replying to your question in para 4 of your question, which related to “Will I still need an FIR to file a perjury petition?” and other related questions in that para. I still hold that police will not register FIR for the offence of perjury since the court has to initiate action in this regard, as I explained in my previous reply. So, please keep the difference in consideration. My reply was with regard to the offence of perjury, whereas the above judgment refers to the offence of forgery in respect of the same document.

Now, coming to your further question, if you can substantiate the offence of forgery (as different from perjury) having been committed in respect of the document prior to its production in court, make those specific allegations in your complaint to the police, including highlighting the aspect that the forgery was committed earlier (specific dates may be mentioned or the time period may be mentioned, or at least it may be mentioned that it was prior to submission in court). If the police refuses to register FIR, then you can approach Magistrate under Section 156(3) Cr.P.C., or pursue it as a private complaint under Section 190 Cr.P.C.

With regard to your question in para 4 of your further question, let me point out that the complaint for forgery (and not for perjury) has to be filed in the criminal court (i.e., that of the Magistrate) and not in the civil court (or in the high court – original side). Had it been a petition / complaint in respect of perjury, you were required to approach the civil court in which such forged document had been submitted. But, since, now you are referring to a complaint for forgery (prior to submission of document in court), you’ll have to file it in Magistrate’s court (i.e., a criminal court) since for this offence the civil court (including high court – original side) does not have jurisdiction. For this also, as mentioned above, first try to register such complaint with police, if needed, approach senior police officers (such as Superintendent of Police in a district, or DCP in a city) under Section 154(3) of Cr.P.C., and if they do not register the FIR, then go to the Magistrate court under Section 156(3) Cr.P.C. or as a private complaint under Section 190 Cr.P.C.

     

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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.

[Sri Kanitkar]

Respected Sir,

1. Thanks for your detailed reply despite your busy schedule. You are helping the common man and God will bless you.
2. The forged document is used under oath in a civil suit, which is being heard at the High Court (original side). So, one option is to complain to this court u/s 340 CrPC for perjury.
3. The second option is to approach the Magistrate u/s 156(3) CrPC or u/s 190 CrPC to register an FIR for forgery.
4. My opponent uses her money power to ‘influence’ the police and due to this they have not registered FIR for forgery since two years.
5. In such circumstances, please advice which route I should follow.
6. Thanks & Regards.

[Dr. Ashok Dhamija]

From the facts stated by you, it appears that both forgery and perjury are committed.

Forgery is committed since the document appears to have been forged outside court and before submission of the same to the court. So, approach the Magistrate court under Section 156(3) or Section 190 Cr.P.C.

Since this forged document is used in court (in high court – original side), there is perjury also. So, file application under Section 340 Cr.P.C. before high court.

Therefore, legally speaking, you can take both actions. But, ultimately, it is your call.     

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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.

[Sri Kanitkar]

Respected Sir,

Thanks for your kind information and guidance, despite your busy schedule.

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