• 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

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

You can write an application to the court under your FIR number, stating that the affidavit was forged and that you did not submit it. You can also request that the court take this into account when considering the bail application of the accused.

Or

You can file an application for withdrawal of the forged affidavit. This would be a more formal way of informing the court about the forgery.

Or

You can file an affidavit stating the facts of the case, including the forgery. You can submit this affidavit under the case number of the FIR.

Akshit Aggarwal
Advocate, Delhi
52 Answers

Repeated query repeated severally which has been already replied in detail. Pl refer earlier replies. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

1. You file an application before court which granted the bail stating that you did not sign the affidavit that was filed on your behalf on that particular date, besides you were not present before court on that date, hence the same should be expunged from court records. You can state in the application that your signature has been forged by some vested interests for the reasons known to them, however since it is not yor signature neither you intended to file any such intervene petition.

2. See the above answer.

3. You file an application accompanied by an affidavit to this effect, if you insist to file an affidavit in this regard.

4. An application before the trial court would be sufficient.

5. No, he cannot do so.

 

T Kalaiselvan
Advocate, Vellore
87695 Answers
2354 Consultations

You can file an application or affidavit and inform the court. You can also take action against the offender by filing 340 crpc complaint against him

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

on next date of hearing of the case inform the court that you have not submitted affidavit and your signature has been forged 

 

2) your application for with drawl of false affidavit is not maintainable as it has not been signed by you 

 

3) you can file affidavit in court that your signature on affidavit has been forged 

 

4) if contents of affidavit are false case of perjury is made out against you 

Ajay Sethi
Advocate, Mumbai
97493 Answers
7881 Consultations

1. You can file a complaint before the police , and further move an application before the same court for cancellation of the bail with the copy of this compliant . 

2. No ,

3. Move an application with an Affidavit 

4. Yes, mandatory 

5. No.

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

1. Informing the Court about the Forged Affidavit:- You should immediately bring this matter to the attention of the court. You can do this by filing an application or a complaint regarding the forged affidavit. You can refer to your FIR number for context.

2. Application for Withdrawal of Forged Affidavit: You may consider filing an application requesting the court to withdraw the forged affidavit. In this application, you should clearly state that the affidavit was forged and not submitted by you. Attach evidence, such as your actual signature samples that prove the discrepancy, if available.

4. Filing a Police Complaint:- If you suspect foul play or forgery, you may consider filing a police complaint regarding the forged affidavit. This is a separate legal matter from the ongoing case but may help establish the authenticity of your claims.

5. Potential Action under IPC 195/CrPC 340: If the contents of the forged affidavit are found to be false, and someone believes that you have intentionally provided false evidence, they may take legal action under IPC 195/CrPC 340.
Note- To mitigate this risk, it's crucial to take steps to demonstrate that you were not involved in the submission of the forged affidavit and that you promptly reported it to the court.

6. File a private complaint under Section 156(3) of CrPC: After submitting any application before the Police Authority, you may also file an application under Section 156(3) of CrPC before the court concerned through your lawyer, in which the court will call all the documents and based on the record may direction authority to register an FIR against the accused. 

Akram Khan
Advocate, Gwalior
20 Answers

Immediately file application in court that someone file an affidavit forging your signature and claim complete exoneration from  the content of affidavit. 

Just mention FIR no. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

On the upcoming court date, it is essential to promptly notify the court that you have not yet submitted the affidavit, and there is evidence to suggest that your signature may have been forged. However, it is important to note that your application for the withdrawal of a false affidavit may face challenges regarding its validity since it lacks your genuine signature.

To address this situation effectively, you can file an affidavit with the court, explicitly stating that your signature on the previous affidavit submitted has indeed been forged. While taking this course of action, it is crucial to acknowledge that if the contents of the initial affidavit are found to be false, it may lead to potential allegations of perjury against you.

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

it is absolutely wrong on part of lawyer to forge signature of client and file affidavit . act as per your lawyer advice 

 

2) in second bail application you cannot mention about earlier affidavit filed in bail application which has been disposed of 

Ajay Sethi
Advocate, Mumbai
97493 Answers
7881 Consultations

The affidavit filed by your lawyer forging your signature is unlawful, you can agitate the same before the court and may file an application seeking to reject the same since it was not signed by you and you do not want an affidavit with wrong contents and  forged signature to remain in the court records.

In the second application you can file an affidavit by yourself and ensure that the same is being considered by court and not any other affidavit filed by the advocate once again

T Kalaiselvan
Advocate, Vellore
87695 Answers
2354 Consultations

You can bring the same on record if the court through the other bail application but for the forget affidavit filed in court you need to file fresh application of 340 crpc as a remedy 

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

1. No

2. You can file an applicator for cancellation only at this stage . 

- In second application you can mention for the said forging 

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

Dear Client
Forgery and False Evidence:
The argument made by the local lawyers that you received information for the affidavit from the Investigating Officer (IO) and believed it to be true is a defense that can be raised in a legal proceeding. However, whether it is a valid defense or not will depend on the specific circumstances of your case and the evidence presented. If you genuinely believed the information in the affidavit was true and had reasonable grounds to believe so, it may be a factor that the court considers when evaluating the situation.

However, it's important to note that knowingly presenting a forged affidavit or false information to the court can have serious legal consequences, and whether or not you were aware of the forgery may be a matter of investigation and determination by the court.

Precautionary Measures:
If you want to take precautionary measures, you may consider the following steps:

a. Inform the Court: If you have evidence or reason to believe that a forged affidavit was submitted in your name, it is essential to inform the court promptly. You can file an affidavit or application informing the court about the forgery and requesting appropriate action.

b. Legal Consultation: Consult with a lawyer who can guide you on the best course of action. They can help you draft the necessary documents to bring this matter to the court's attention and advise you on the potential legal consequences.

c. Witnesses: If there are any witnesses who can testify to the fact that you did not sign the forged affidavit or were not aware of its contents, their statements may be valuable in establishing your position.

d. Cooperate with Legal Authorities: Cooperate with any investigations by legal authorities into the forgery.

e. Keep Records: Maintain records of all relevant documents, communications, and interactions related to this matter.

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer