Section 340
5 years ago
My wife has filed RCR case against me and she has used some false documents in her petition under affidavit. What is the procedure for filing section 340 and does the court take seriously the use of fake documents in family civil cases ?
ROBERT D ROZARIO
Responded 5 years ago
A.Go by the advise of your conducting lawyer. Get her RCR case dismissed on the ground of perjury.
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A.Dear Sir,
The following petition may be perused.
=====================
IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No. /2018
IN
C.C.No.473/2017
PETITIONER/ -V/S- RESPONDENT/
COMPLAINANT ACCUSED
Sri. N.S. Santosh Smt. Manasa Shekar
S/o Srinivasa Murthy, D/o Shekar L
Aged about 36 years, Aged about 27 years,
C/A: No.290, 2nd ‘H’ Cross, R/at: No.8, 10th Main,
3rd Stage,3rd Block, 3rd Phase, Basaveshwaranagar, Girinagar,
Bengaluru - 560079 Bengaluru - 560 085
APPLICATION UNDER SECTION 340 READ WITH SECTION 193 OF CRIMINAL PROCEDURE CODE, 1973
May it please your Honor:
For the reasons stated in the accompanying affidavit it is humbly prayed to lodge a complaint against Respondent, in the Hon’ble Court of jurisdictional Magistrate for preliminary enquiry and registering a case for the offences punishable under sections 340 read with section 193 of Criminal Procedure Code, 1973, in the interest of justice and equity.
Applicant/Complainant
Through
Advocate
Place: Bengaluru
Date: 17.09.2018
IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No. /2018
IN
C.C.No.473/2017
PETITIONER/ -V/S- RESPONDENT/
COMPLAINANT ACCUSED
Sri. N.S Santosh Smt. Manasa Shekar
A F F I D A V I T
I, Sri. N.S.Santosh, S/o N. Srinivasa Murthy, Aged about 36 years, do hereby state as under:
1. That I am the son of the complainant and one of the prime victims and a prime witness in the Criminal Case No.473/2017 which was disposed on 02.08.2018 by passing orders under Section 239 of Cr.P.C, in other words both the accused in the said criminal case were discharged. I know the facts of C.C.No.473/2017 on the file of this Hon’ble Court. My father had lodged a complaint against accused No.1 and 2 in C.C.No.473/2017 alleging offences under Sections 323, 504 and 506 r/w Section 34 of Indian Penal Code. The police filed charge sheet and arrayed Smt. Manasa Shekar and Mr. Karthik Shekar the younger brother of Smt. Manasa Shekar as accused No.1 and 2, respectively.
2. I further submit that cognizance was taken by this Hon’ble Court in C.C.No.473/2017 and issued summons to A1 and A2 and it was represented by Senior Assistant Public Prosecutor. Both accused No.1 and 2 appeared before this Hon’ble Court and obtained bail. The Accused No.1 and Accused No.2 as per the chargesheet Smt.Manasa Shekar and her brother Sri Karthik Shekar were in the habit of absenting before this Hon’ble Court regularly. On 19.06.2018 both accused No.1 and 2 were absent and application filed through their advocate under Section 317 of Cr.P.C was allowed. Further on 26.06.2018 both the accused in the said case were absent and E.P was filed and allowed. Again the case in C.C.No.473/2017 was posted to 07.07.2018. On this date, accused No.2 Sri. Karthik Shekar was present whereas accused No.1 that is the above respondent/accused No.1 by name Manasa Shekar D/o Shekar L. was absent. The learned counsel for accused No.1 therein filed application under Section 317 of Criminal Procedure Code, 1973 which was again allowed.
3. I further submit that, in the application filed by accused No.1 (as per chargesheet) Smt. Manasa Shekar under Section 317 dated 07.07.2018 it was stated as follows:
“That the above named accused submit as here under. The above accused is unable to attend before this Hon’ble Court today because her LL.B studying today. She conducting internship (Moot Court) mandatory for attend the class. Stated reason is bonafide not intentional…... ”
4. I further submit that, the above respondent who is accused No.1 as per chargesheet in C.C.No.473/2017 misled her advocate as well as this Hon’ble Court stating that she is attending Internship that is Moot Court as she is pursuing LL.B Course. In reality on 07.07.2018 the above respondent was not in India and was in Abroad and without disclosing the same got filed exemption petition under Section 317 of Cr.P.C. The said respondent misled and cheated the Hon’ble Court by submitting false application which amounts to criminal offence attracting the offence of “Perjury”.
5. I further submit that, the above respondent who claims to be a student of LL.B has misled and has cheated before the Hon’ble Court and got exemption for a day that is on 07.07.2018 giving false reason. The Respondent is liable to trial and punishment for the said offence.
6. I further submit that, I made several attempts to get the Abroad travel information of the Accused No.1 Smt.Manasa Shekar in C.C.No.473/2017 from the Bureau of Immigration office, Bengaluru, but the officials refused to share any such information. I have no other option left than to approach this Hon’ble Court to get the required information from the “Bureau of Immigration”, Bengaluru in the interest of justice.
7. Hence, I am moving a separate application under Section 91 of Criminal Procedure Code for a direction to the concerned Bureau of Immigration Officer (FRRO) to submit details of Abroad visit made by above respondent between the periods from 01.06.2018 to 31.08.2018. I confirm through this affidavit that accused No.1 in C.C.No.473/2017 misled the Court on 07.07.2018 and obtained personal exemption giving false reason and has cheated this Hon’ble Court and thus committed an offence of “Perjury” which is punishable under the relevant sections of IPC. Further I state that in C.C.No.473/2017 as per the police chargesheet Smt. Manasa Shekar is arrayed as Accused No.1 and Sri Karthik Shekar is arrayed as Accused No.2 but in the court Order Sheet Manasa Shekar has been arrayed as Accused No.2 and Karthik Shekar has been arrayed as Accused No.1. The entire order sheet has been displaying these two accused in the same sequence. Further I state that, since the above respondent was discharged in C.C.No.473/2017 as such this miscellaneous application is filed for taking stock of alleged offences committed by respondent and to refer the matter to any other Hon’ble Magistrate for necessary regular investigation and to conduct trial and to punish the respondent by registering a criminal case against her.
8. I further submit that, the contents of this affidavit are true and correct and supported by relevant documents as may be necessary to dispose this application. The contents of the enclosed documents may kindly be read as part of this affidavit and also pass necessary orders on application under Section 91 of Cr.P.C which is accompanied along with this application. No loss or harm or prejudice would be caused to the respondent if this application is made over to the Hon’ble Magistrate having jurisdiction. On the other hand if this application is not entertained then the petitioner would be put to irreparable loss which cannot be compensated in terms of money. I further state that discharge orders passed by this Hon’ble Court in C.C.No.473/2017 dated 02.08.2018 is being challenged and accordingly the process is going on. In this background it is necessary to take cognizance of the offence of “Perjury” against the above respondent and to pass necessary orders.
VERIFICATION
The Petitioner hereby verify the contents of para No.1 to all of this affidavit and contents of enclosed documents are found to be true and correct to the best of his knowledge, belief and information.
Identified by me DEPONENT
Advocate
Place: Bengaluru
Date: 17.09.2018
IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No. /2018
IN
C.C.No.473/2017
PETITIONER/ -V/S- RESPONDENT/
COMPLAINANT ACCUSED
Sri. N.S.Santosh Smt. Manasa Shekar
S/o Srinivasa Murthy, Aged about 27 years,
Aged about 36 years, S/o Shekar L
C/A: No.290, 2nd ‘H’ Cross, R/at: No.8, 10th Main,
3rd Stage, 3rd Block, 3rd Phase, Girinagar,
Basaveshwaranagar, Bengaluru 560 085
Bengaluru – 560 079
APPLICATION UNDER SECTION 91 OF CRIMINAL PROCEDURE CODE, 1973
May it please your Honor:
For the reasons stated in the accompanying affidavit it is humbly prayed to call for entire records of Abroad travel pertaining to the above respondent Smt. Manasa Shekar having the following details–
First Name – Manasa
Last Name – Shekar
Date of Birth – 21-January-1991
Residence Address: No.8, 10th Main, 3rd Phase,Girinagar, Bengaluru – 560 085
maintained by the following Immigration Office, Bengaluru regarding Abroad travel made by the above respondent from 01.06.2018 till 31.08.2018, in the interest of justice and equity.
Address of the Immigration Office:
FRRO Bangalore,
Bureau of Immigration,
5th Floor,‘A’ Block, TTMC,
BMTC Bus Stand Building,
K.H. Road, Shanthi Nagar,
Bengaluru – 560 027
Ph No: 080 - 22218195
The details required from the FRRO, Bangalore should at minimum have the following information:
1) Departure Date and Time –
2) Departure Flight No –
3) Departure Airport –
4) Destination Country –
5) Destination Airport –
6) Destination Landing Time and Date –
7) Passport Number used for Travel –
8) Arrival Date and Time to India back from the Foreign(Destination) Country:
9) Arrival Flight No:
10) Arrival Airport :
11) Period of Stay in the Foreign Country on each trip (From and To dates) -
Through Applicant/Complainant
Advocate
Place: Bengaluru
Date: 17.09.2018
IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No. /2018
IN
C.C.No.473/2017
PETITIONER/ -V/S- RESPONDENT/
COMPLAINANT ACCUSED
Sri. N.S Santosh Smt. Manasa Shekar
A F F I D A V I T
I, Sri. N.S.Santosh, S/o Srinivasa Murthy, Aged about 36 years, do hereby state as under:
1. That I am the son of the complainant and one of the prime victims and a prime witness in Criminal Case No.473/2017 and I am the petitioner in this Criminal Miscellaneous Petition. The Respondent and another accused in C.C.No.473/2017 were discharged by this Hon’ble Court on 02.08.2018.
2. I further submit that, on 07.07.2018 the above respondent who was staying Abroad but has filed false application under Section 317 of Cr.P.C by giving false reason and obtained personal exemption thus misled and cheated the Hon’ble Court. The said act of respondent who is accused No.1 (as per Police charge sheet) in C.C.No.473/2017 attracts criminal offence, in particular offence of “Perjury” which is punishable under the provisions of Indian Penal Code, 1860.
3. I further state that, I am moving separate application under Section 91 of Criminal Procedure Code for a direction to the concerned Bureau of Immigration Officer (FRRO, Bangalore) to submit details of Abroad visit made by above respondent between the periods from 01.06.2018 to 31.08.2018. Hence since the said particulars are necessary to dispose of my application under Section 340 r/w Section 193 of Criminal Procedure Code, 1973. Without a direction from this Court I cannot get such particulars. It being a public document and that of relevance to this case no loss or harm would be caused to the respondent.
4. Hence a direction may be issued to concerned authorities that is, FRRO Bangalore, Bureau of Immigration, Bengaluru to furnish the above details either to me or directly to this Hon’ble Court.
Hence this Affidavit.
Identified by me DEPONENT
Advocate
Place: Bengaluru
Date: 17.09.2018
The following petition may be perused.
=====================
IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No. /2018
IN
C.C.No.473/2017
PETITIONER/ -V/S- RESPONDENT/
COMPLAINANT ACCUSED
Sri. N.S. Santosh Smt. Manasa Shekar
S/o Srinivasa Murthy, D/o Shekar L
Aged about 36 years, Aged about 27 years,
C/A: No.290, 2nd ‘H’ Cross, R/at: No.8, 10th Main,
3rd Stage,3rd Block, 3rd Phase, Basaveshwaranagar, Girinagar,
Bengaluru - 560079 Bengaluru - 560 085
APPLICATION UNDER SECTION 340 READ WITH SECTION 193 OF CRIMINAL PROCEDURE CODE, 1973
May it please your Honor:
For the reasons stated in the accompanying affidavit it is humbly prayed to lodge a complaint against Respondent, in the Hon’ble Court of jurisdictional Magistrate for preliminary enquiry and registering a case for the offences punishable under sections 340 read with section 193 of Criminal Procedure Code, 1973, in the interest of justice and equity.
Applicant/Complainant
Through
Advocate
Place: Bengaluru
Date: 17.09.2018
IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No. /2018
IN
C.C.No.473/2017
PETITIONER/ -V/S- RESPONDENT/
COMPLAINANT ACCUSED
Sri. N.S Santosh Smt. Manasa Shekar
A F F I D A V I T
I, Sri. N.S.Santosh, S/o N. Srinivasa Murthy, Aged about 36 years, do hereby state as under:
1. That I am the son of the complainant and one of the prime victims and a prime witness in the Criminal Case No.473/2017 which was disposed on 02.08.2018 by passing orders under Section 239 of Cr.P.C, in other words both the accused in the said criminal case were discharged. I know the facts of C.C.No.473/2017 on the file of this Hon’ble Court. My father had lodged a complaint against accused No.1 and 2 in C.C.No.473/2017 alleging offences under Sections 323, 504 and 506 r/w Section 34 of Indian Penal Code. The police filed charge sheet and arrayed Smt. Manasa Shekar and Mr. Karthik Shekar the younger brother of Smt. Manasa Shekar as accused No.1 and 2, respectively.
2. I further submit that cognizance was taken by this Hon’ble Court in C.C.No.473/2017 and issued summons to A1 and A2 and it was represented by Senior Assistant Public Prosecutor. Both accused No.1 and 2 appeared before this Hon’ble Court and obtained bail. The Accused No.1 and Accused No.2 as per the chargesheet Smt.Manasa Shekar and her brother Sri Karthik Shekar were in the habit of absenting before this Hon’ble Court regularly. On 19.06.2018 both accused No.1 and 2 were absent and application filed through their advocate under Section 317 of Cr.P.C was allowed. Further on 26.06.2018 both the accused in the said case were absent and E.P was filed and allowed. Again the case in C.C.No.473/2017 was posted to 07.07.2018. On this date, accused No.2 Sri. Karthik Shekar was present whereas accused No.1 that is the above respondent/accused No.1 by name Manasa Shekar D/o Shekar L. was absent. The learned counsel for accused No.1 therein filed application under Section 317 of Criminal Procedure Code, 1973 which was again allowed.
3. I further submit that, in the application filed by accused No.1 (as per chargesheet) Smt. Manasa Shekar under Section 317 dated 07.07.2018 it was stated as follows:
“That the above named accused submit as here under. The above accused is unable to attend before this Hon’ble Court today because her LL.B studying today. She conducting internship (Moot Court) mandatory for attend the class. Stated reason is bonafide not intentional…... ”
4. I further submit that, the above respondent who is accused No.1 as per chargesheet in C.C.No.473/2017 misled her advocate as well as this Hon’ble Court stating that she is attending Internship that is Moot Court as she is pursuing LL.B Course. In reality on 07.07.2018 the above respondent was not in India and was in Abroad and without disclosing the same got filed exemption petition under Section 317 of Cr.P.C. The said respondent misled and cheated the Hon’ble Court by submitting false application which amounts to criminal offence attracting the offence of “Perjury”.
5. I further submit that, the above respondent who claims to be a student of LL.B has misled and has cheated before the Hon’ble Court and got exemption for a day that is on 07.07.2018 giving false reason. The Respondent is liable to trial and punishment for the said offence.
6. I further submit that, I made several attempts to get the Abroad travel information of the Accused No.1 Smt.Manasa Shekar in C.C.No.473/2017 from the Bureau of Immigration office, Bengaluru, but the officials refused to share any such information. I have no other option left than to approach this Hon’ble Court to get the required information from the “Bureau of Immigration”, Bengaluru in the interest of justice.
7. Hence, I am moving a separate application under Section 91 of Criminal Procedure Code for a direction to the concerned Bureau of Immigration Officer (FRRO) to submit details of Abroad visit made by above respondent between the periods from 01.06.2018 to 31.08.2018. I confirm through this affidavit that accused No.1 in C.C.No.473/2017 misled the Court on 07.07.2018 and obtained personal exemption giving false reason and has cheated this Hon’ble Court and thus committed an offence of “Perjury” which is punishable under the relevant sections of IPC. Further I state that in C.C.No.473/2017 as per the police chargesheet Smt. Manasa Shekar is arrayed as Accused No.1 and Sri Karthik Shekar is arrayed as Accused No.2 but in the court Order Sheet Manasa Shekar has been arrayed as Accused No.2 and Karthik Shekar has been arrayed as Accused No.1. The entire order sheet has been displaying these two accused in the same sequence. Further I state that, since the above respondent was discharged in C.C.No.473/2017 as such this miscellaneous application is filed for taking stock of alleged offences committed by respondent and to refer the matter to any other Hon’ble Magistrate for necessary regular investigation and to conduct trial and to punish the respondent by registering a criminal case against her.
8. I further submit that, the contents of this affidavit are true and correct and supported by relevant documents as may be necessary to dispose this application. The contents of the enclosed documents may kindly be read as part of this affidavit and also pass necessary orders on application under Section 91 of Cr.P.C which is accompanied along with this application. No loss or harm or prejudice would be caused to the respondent if this application is made over to the Hon’ble Magistrate having jurisdiction. On the other hand if this application is not entertained then the petitioner would be put to irreparable loss which cannot be compensated in terms of money. I further state that discharge orders passed by this Hon’ble Court in C.C.No.473/2017 dated 02.08.2018 is being challenged and accordingly the process is going on. In this background it is necessary to take cognizance of the offence of “Perjury” against the above respondent and to pass necessary orders.
VERIFICATION
The Petitioner hereby verify the contents of para No.1 to all of this affidavit and contents of enclosed documents are found to be true and correct to the best of his knowledge, belief and information.
Identified by me DEPONENT
Advocate
Place: Bengaluru
Date: 17.09.2018
IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No. /2018
IN
C.C.No.473/2017
PETITIONER/ -V/S- RESPONDENT/
COMPLAINANT ACCUSED
Sri. N.S.Santosh Smt. Manasa Shekar
S/o Srinivasa Murthy, Aged about 27 years,
Aged about 36 years, S/o Shekar L
C/A: No.290, 2nd ‘H’ Cross, R/at: No.8, 10th Main,
3rd Stage, 3rd Block, 3rd Phase, Girinagar,
Basaveshwaranagar, Bengaluru 560 085
Bengaluru – 560 079
APPLICATION UNDER SECTION 91 OF CRIMINAL PROCEDURE CODE, 1973
May it please your Honor:
For the reasons stated in the accompanying affidavit it is humbly prayed to call for entire records of Abroad travel pertaining to the above respondent Smt. Manasa Shekar having the following details–
First Name – Manasa
Last Name – Shekar
Date of Birth – 21-January-1991
Residence Address: No.8, 10th Main, 3rd Phase,Girinagar, Bengaluru – 560 085
maintained by the following Immigration Office, Bengaluru regarding Abroad travel made by the above respondent from 01.06.2018 till 31.08.2018, in the interest of justice and equity.
Address of the Immigration Office:
FRRO Bangalore,
Bureau of Immigration,
5th Floor,‘A’ Block, TTMC,
BMTC Bus Stand Building,
K.H. Road, Shanthi Nagar,
Bengaluru – 560 027
Ph No: 080 - 22218195
The details required from the FRRO, Bangalore should at minimum have the following information:
1) Departure Date and Time –
2) Departure Flight No –
3) Departure Airport –
4) Destination Country –
5) Destination Airport –
6) Destination Landing Time and Date –
7) Passport Number used for Travel –
8) Arrival Date and Time to India back from the Foreign(Destination) Country:
9) Arrival Flight No:
10) Arrival Airport :
11) Period of Stay in the Foreign Country on each trip (From and To dates) -
Through Applicant/Complainant
Advocate
Place: Bengaluru
Date: 17.09.2018
IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No. /2018
IN
C.C.No.473/2017
PETITIONER/ -V/S- RESPONDENT/
COMPLAINANT ACCUSED
Sri. N.S Santosh Smt. Manasa Shekar
A F F I D A V I T
I, Sri. N.S.Santosh, S/o Srinivasa Murthy, Aged about 36 years, do hereby state as under:
1. That I am the son of the complainant and one of the prime victims and a prime witness in Criminal Case No.473/2017 and I am the petitioner in this Criminal Miscellaneous Petition. The Respondent and another accused in C.C.No.473/2017 were discharged by this Hon’ble Court on 02.08.2018.
2. I further submit that, on 07.07.2018 the above respondent who was staying Abroad but has filed false application under Section 317 of Cr.P.C by giving false reason and obtained personal exemption thus misled and cheated the Hon’ble Court. The said act of respondent who is accused No.1 (as per Police charge sheet) in C.C.No.473/2017 attracts criminal offence, in particular offence of “Perjury” which is punishable under the provisions of Indian Penal Code, 1860.
3. I further state that, I am moving separate application under Section 91 of Criminal Procedure Code for a direction to the concerned Bureau of Immigration Officer (FRRO, Bangalore) to submit details of Abroad visit made by above respondent between the periods from 01.06.2018 to 31.08.2018. Hence since the said particulars are necessary to dispose of my application under Section 340 r/w Section 193 of Criminal Procedure Code, 1973. Without a direction from this Court I cannot get such particulars. It being a public document and that of relevance to this case no loss or harm would be caused to the respondent.
4. Hence a direction may be issued to concerned authorities that is, FRRO Bangalore, Bureau of Immigration, Bengaluru to furnish the above details either to me or directly to this Hon’ble Court.
Hence this Affidavit.
Identified by me DEPONENT
Advocate
Place: Bengaluru
Date: 17.09.2018
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client if your wife produce false documents then you must take objections but with proofs and evidence.
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A.Court is court and false affidavit is a serious matter. But why you have to fight RCR case ?
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Vishwabandhu
Responded 5 years ago
A.Sir provide me some more details.
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A.Get dismiss R C R then go for Perjury.
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