IN THE COURT OF JUDICIAL
MAGISTRATE FIRST CLASS, ………….
In ref.of,
ABC vs
XYZ
APPLICATION U/S
340 CR.PC FOR INITIATION OF PROCEEDINGS U/S 195 OF CR.PC FOR OFFENCES U/S 193 ,
200 ,463 OF IPC
MOST RESPECTFULLY SHOWETH:
1. That
the above mention matter is pending before this Hon’ble court and is listed for
today.
2. That
the present application is being filed u/s 340 of Cr.PC to the Hon’ble Court
for initiating proceedings u/s 195 of Cr. PC against errant Police official/s
who made false statements, forged electronic records / documents and suppressed evidence while submitting
information on CCTV footage, Bills of Installed CCTV and hard disk in …………….
police station and destroyed Blood-Stained t-shirt of the applicant, thereby
committed offences u/s 193, 200, 463 of IPC.
3. That
relevant extracts of sections attracted are as below.
Section of IPC states,
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 punished
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.
200.
Using as true such declaration knowing it to be false- whoever corruptly uses
or attempts to use as true any such declaration, knowing the same to be false
in any material point, shall be punished in the same manner as if he gave false
evidence.
463.
forgery -Whoever makes any false documents or false electronic record or part
of a document or electronic record, with intent to cause damage or injury, to
the public or to any person, or to support any claim or title, or to cause any
person to part with property, or to enter into any express or implied contract,
or with intent to commit fraud or that fraud may be committed, commit forgery.
Section 195 of
CrPC states,
195. Prosecution
for contempt of lawful authority of public servants, for offences against
public justice and for offences relating to documents given in evidence.
(1) No Court shall take cognizance-
(a) ommitted
(b) (i) of any offence punishable under any of
the following sections of the Indian Penal Code (45 of 1860), (namely, sections
193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228,
when such offence is alleged to have been committed in, or in relation to, any
proceeding in any Court,
(ii) of any offence described in sec 463 or
punishable under section 471, sec475 or sec 476 of the said code, when such
offence is alleged to have been committed in respect of a document produced or
given in evidence in a proceeding in any court,
(iii) ommitted,
except on the
complaint in writing of that Court, or of some other Court to which that Court
is subordinate.
Section 340 of
CrPC states,
Procedure in cases
mentioned in section 195.
(1) When, upon an
application made to it in this behalf or otherwise, any Court is of opinion
that it is expedient in the interests of justice that an inquiry should be made
into any offence referred to in clause
(b) of sub-
section (1) of section 195, which appears to have been committed in or in
relation to a proceeding in that Court or, as the case may be, in respect of a
document produced or given in evidence in a proceeding in that Court, such
Court may, after such preliminary inquiry, if any, as it thinks necessary, -
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first-class
having jurisdiction;
(d) take sufficient security for the
appearance of the accused before such Magistrate, or if the alleged offence is non-
bailable and the
Court thinks it
necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give
evidence before such Magistrate.
4. (
WRITE MAIN FACT OF THE CASE HOW THEY PRODUCED FALSE EVIDENCE AND FORGED
ELECTRONIC RECORD BEFORE THE COURT)
5. That
the Hon’ble court issued order against the said errant police officials
on…………………. but action under sec 340 read with 195 1 a (i ) and b (i)(ii) CrPC is
expedient in the interest of justice where the errant person intentionally
manipulated the court, submitted the false fabricated evidence during the
proceeding and forged the documents.
6. The
changing facts and misuse of power by the errant police disturbing the purity
of law and damaging the serenity of the stream of justice and interferes in the
administration of justice.
7. The
errant police who manipulate the court of law to save their misconduct should
be punished strictly.
8. It
is pertinent to note that, this is clear voice of fabrications and contrary
statements, which lead to the interference in the administration of justice and
destroying the case of innocent victim.
9. That the errant police intentionally misguide
and mislead, this Hon’ble court by giving false, forged, fabricated evidence and
intentionally destroyed the crucial evidence.
10. That
the material on record before this Hon’ble Court prima facie proves that the errant
police officials has committed the offence under sec 193,200,463 IPC.
In this facts and
circumstances, the applicant has filed this present application in this Hon’ble
Court in exercise of jurisdiction of this Hon’ble court u/s 340 of the Cr.P.C,
1973 against the errant police officials and it is to expedient in the interest
of justice to prosecute the said persons as prima facie evidences are adduced
in that behalf.
The applicant craves leave of this Hon’ble
court to add, to alter and amend this application
Prayer :-
It is therefore, most
humbly prayed by the applicant that;
a.
By
considering the aforesaid facts and circumstances, the applicant most humbly prays
that this Hon’ble court be pleased to kindly charge the errant police officials
for submitting false, fabricated evidence intentionally during the proceeding,
intentionally giving false declaration/ statement and manipulating the court
continuously.
b.
Kindly pass such other suitable orders as
may deem fit and proper to meet the ends of justice in the peculiar facts and
circumstances of the case.
AND FOR THIS ACT OF
KINDNESS AND JUSTICE, THE ABOVENAMED APPLICANT AS IN DUTY BOUND SHALL EVER
PRAY.
Solemnly affirmed at ___.
Dated; this 28TH
day of August, 2021.
Applicant
V E R I F I C A T I O N
I, Mr. ABC, aged about ………
Years, presently residing at ………………………... The applicant above named do hereby
state and declare on solemn affirmation that whatever stated in the above
Application is true and correct as per my knowledge.
Applicant
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