India  |  Administrative Law

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11/10/09, 7:41 pm

Legal Question


A Govt. Servant (Class I Officer) has filed a False Affidavit stating false information & facts before the Court in a Regular Civil Suit.

The court has accepted the said affidavit AND in the ORDER mentions & states that the said Officer "is obviously a Senior Bureaucrat & a Govt. Servent. He has no reason to file false affidavit on behalf of th Defendent No.1 & 2" (Government).

From the Order it can be seen that the opinion of the Court has been influenced by the fact that the said Affidavit has been filed by a Senior Govt. Bureaucrat against a Common Man.

I now have documentary evidence to show that the contentions in the said Affidavit of the Senior Govt. Servant are false and not based on fact & made only to subvert justice.

What kind of process should be initiated now?

Wheather initiating proceedings under Sec 340 (with Sec 195) is the only recourse?

Please HELP!


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11/10/09, 7:44 pm

Legal Answer


Petition the civil court for complaining.

Seshadri Srinivasan

www.lawconcern.com 7A Queens Court 130 Montieth Road Egmore Chennai Chennai,india, NUS 600008

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11/10/09, 11:37 pm

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as the bureaucrat is a public servant, so before prosecuting him, you need to seek permission from the central government as per rule laid down. you can file an application u/s 340 of crpc for perjury and related offences.

RAJIV GUPTA

(Cell: +91 9811284735) lawnrajiv@gmail.com Kar Vai Legal Solutions, Founder, 359, Western Wing, Tis Hazari Courts Delhi, India., 110054

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