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Filing of Perjury case for taking orders U/s 156(3) and getting FIR
04-Feb-2025 (In Criminal Law)
An FIR was registered by taking orders u/s 156(3). Police started the investigation and harraseed the accused persons on a very civil looking case. They did many illegal things on behest of complainant.
Chargesheet not filed even after 3 years of FIR just to harrass the accused.
Now it has been brought to light that complainant lied and used forged documents to get order U/s 156 (3).
The question is where to lodge the complaint - to police or the court from where orders of 156(3) were taken a
You can file an application under Section 340 of the CrPC before the same court that issued the order under Section 156(3). This section addresses offences related to giving false evidence or using forged documents in judicial proceedings. The court will then decide whether to initiate an inquiry against the complainant for perjury and forgery.
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Adv. Devang Manjrekar
Adv. Devang Manjrekar
Mumbai | 100+ Answers
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As your advocate, my suggestion would be to approach the court that passed the order under Section 156(3) of the CrPC, as this is where the initial misrepresentation and forgery occurred. Filing a complaint in the court ensures accountability and allows for judicial scrutiny of the complainant's actions. You can file an application under Section 340 of the CrPC, requesting the court to initiate proceedings for perjury and forgery against the complainant for misleading the court with false statements and forged documents.
Alternatively, you may also lodge a complaint with the police regarding the forgery and fraudulent actions of the complainant, as these are cognizable offenses. However, since the court was the direct victim of the complainant's misrepresentation, proceeding through the court would likely carry more weight and ensure proper redress.
In either case, it is vital to present all supporting evidence and highlight how the complainant's actions have caused harassment and undue delay in the case. This approach will strengthen your position and safeguard your rights.
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Adv. Kiran Ashok Gangurde
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Dear client based on your query, considering the complexity of the situation involving forged documents, it may be prudent to explore avenues for judicial review or seek professional legal counsel to address the misuse of legal processes effectively, for relevance we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Adv. Kalpana Sanap
Pune | 200+ Answers
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Dear client based on your question,
You can file a complaint before the Magistrate under Section 200 CrPC. Or you can all quash the FIR with the help of a legal expert for which you can even contact us .
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Adv. Anish Palkar
Adv. Anish Palkar
Mumbai | 200+ Answers
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Well, if the False FIR has been lodged against you due to the false complaint made by the Complainant before the concerned Magistrate under Sec 156 (3) of the old Criminal Law - CRPC, 1973, then, you can file a Criminal Case upon the Complainant for committing Perjury before Magistrate.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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