How to take legal action against false information
26-May-2023 (In Criminal Law)
I m in gujarat visiting with family I had reservations on 18may n today back reservation 1 involved me in fighting case intentionally...while I was 1000kms 4 that.also help for further prevention 4 them .they t ready to make my family guilty
U should call local police and give certain complaints against the opposite party as well. They will compromise with u and take back their complaint against u . U have not mentioned what case has been registered against u.
You can file fir quashing and in this you can proove that you are 1000km away .and keep your tickets safe for evidence .and after that you can file defamation suit and I also send you some ruling it will help you .Section 209 – dishonestly making false claim in Court.
“Whoever fraudulently or dishonestly or with intent to injure or any person makes in a court of justice any claim which knows to be false, shall be published with imprisonment of either description or a term which may be extend to two years, and also shall be liable to fine.”
It is submitted that the Hon’ble Court may take recourse of Section 165 of the Indian Evidence Act 1972 to carve out the truthfulness of the statement made by the parties.
Section 165 of Indian Evidence Act states as hereunder:-
Section 165 in The Indian Evidence Act, 1872
“165. Judge’s power to put questions or order production.—The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question: Provided that the Judgment must be based upon facts declared by this Act to be relevant, and duly proved: Provided also that this section shall not authorize any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the questions were asked or the documents were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.”
“Whoever fraudulently or dishonestly or with intent to injure or any person makes in a court of justice any claim which knows to be false, shall be published with imprisonment of either description or a term which may be extend to two years, and also shall be liable to fine.”
It is submitted that the Hon’ble Court may take recourse of Section 165 of the Indian Evidence Act 1972 to carve out the truthfulness of the statement made by the parties.
Section 165 of Indian Evidence Act states as hereunder:-
Section 165 in The Indian Evidence Act, 1872
“165. Judge’s power to put questions or order production.—The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question: Provided that the Judgment must be based upon facts declared by this Act to be relevant, and duly proved: Provided also that this section shall not authorize any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the questions were asked or the documents were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.”
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