Respondent misleading court u/s 323, 354 r/w 34

792 votes

Hi
The Petitioner can file an affidavit and case docket of the high court to state that there is no stay pending in the high court
The petitioner should file a complaint under Section 193 and 340 of The Indian Penal Code
What the other side lawyer is doing is blatant falsehood and against the principles of natural justice. The petitioner should file a complaint under Section 340 of IPC and submit the affidavit along with the case docket of High court proceedings and ask the court to initiate an enquiry and punish the accused including the other side for resorting to this falsehood.
193. Punishment for false evidence.—Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabri­cates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be pdoiunished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either de­scription for a term which may extend to three years, and shall also be liable to fine. Explanation 1.—A trial before a Court-martial; 1[***] is a judicial proceeding. Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before a Magistrate for the purpose of ascer­taining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. Explanation 3.—An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that inves­tigation may not take place before a Court of Justice. Illustration A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.

Advocate Rajagopalan LawRato

616 votes

Quashing charges of 354 is not easy, they must produce very strong evidence and facts to get the charges quashed. The very purpose of 482 Cr.P.C is to prevent implicating people from false cases not to free the guilty. If the FIR is strong and in your favour it is very unlikely HC will quash the charges. Make a prayer to HC for speedy trial to direct the session court to dispose the matter within 6 months from the day of the order. Right to speedy trial and Right to speedy justice are guaranteed by Article 21 – A fundamental right.

The said right is not one way. The Madras High Court, Hon’ble Justice P. Devadas stated recently that “Equally, the victim is also entitled to have similar right. The victim, de facto complainant is entitled to know the result of the case given by him. So also, the dejure complainant/police/prosecution. The quick disposal of a Criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent is freed quickly.” In Crl.O.P.No.6494/2016



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Advocate Sameer Hussain LawRato