Remedy for forged affidavit filed on my behalf in court
Hi,
My mother has a house in Vrindavan. Fraudulent sale deed was done by some people for this house. Police registered FIR under IPC sections 420, 467, 468 and 471 against 5 people named in FIR. However, during investigation 2 more people were arrested as they were found involved by IO.
Bail application of one of these 2 people (not named in FIR) got listed in Sessions Court on 24 Aug 2023. I being the informant in the FIR, hired a lawyer to represent me in the court to oppose the bail (to assist the public prosecutor). Although I didn’t know anything about this accused on personal basis, all the information I had was from newspaper report. On the day of hearing due to poor health, I couldn’t attend the hearing. Court rejected bail of the accused. Later when I downloaded the order from court website, I found that someone has submitted an affidavit on my behalf on the day of hearing itself. I suspect that this could have been done by one of my lawyer’s many associates, but I am not sure at all.
When I saw the PDF copy of this affidavit, I found that someone has forged my signature (doesn’t match my real signature in any way). Contents of this affidavit were taken from the case diary of IO– basically a summary of all the points against this accused that were there in the case diary. Nothing outside the case diary was mentioned.
Now, I am worried that if later it turns out that IO has framed this particular accused, he can lodge court proceedings under IPC 195/CrPC 340 against IO and me (due to above forged affidavit).
Chargesheet hasn’t been filed so far.
Following are my queries:
1) How do I inform the court that this affidavit was forged and not submitted by me? Bail application has been disposed off. Can I write an application under my FIR Number to the court that above be taken on record?
2) Or should I file an application for withdrawal of this forged affidavit? Would that be maintainable?
3) Instead of an application can I file an affidavit that states the above facts- but since chargesheet hasn’t been filed yet, under which case wouId I submit this affidavit?
4) Should I file a police complaint in this? I don’t want to file a police complaint but if I don’t then how would it be established that I am not lying without any investigation?
5) Since contents of forged affidavit are taken from case diary, if they turn out to be false then can the accused take action under IPC 195/CrPC 340 against me?
Asked 1 year ago in Criminal Law
Religion: Hindu
Thanks for your valuable responses.
1) I went to Mathura District Court yesterday (where case is going on), and asked few local lawyers to move an application to inform the court/expunge the forged affidavit. All of them refused saying that it makes no sense because most probably my forged signature were done by an associate of the lawyer that I hired for the bail application, because I couldn't come on date of hearing. Filing of counter affidavit by FIR informant to oppose the bail of an accused is usually done on basis of contents selected from police case diary, it is a standard practice followed by all lawyers here.
They said that since all information in the affidavit has come out of the police case diary - so even if in future the contents turn out to be false and someone questions you under IPC 195/CrPC 340, you can always take the defense that you received all the information stated in affidavit from the IO and believed it to be true - so where is the question of giving false evidence?
Is this a valid argument? Would really appreciate your views on this.
2) Also what can I do now as a precautionary measure. The bail application in which the forged affidavit was filed has been disposed off. There is another bail application under the same FIR for a different accused coming up on 13 Sep. I'll be filing counter affidavit to oppose this bail application. Can I mention about the filing of the forged affidavit in this counter affidavit only? Otherwise since chargesheet is yet to be filed, where can I inform file the affidavit to inform the court about forgery? Would really appreciate your help on this complex issue.
Asked 1 year ago