If during the course of a trial, cognizable offences are made out against the complainant/ prosecution such as production of tampered and forged documents, tutored witness, & destruction of evidence so that they may argue on just their favourable points & win their case, & if these criminal acts are proved by the defence during the course of the trial, should the magistrate take compulsory suo moto cognizance of these criminal acts and sentence the complainant to prison in the same case or will the defence/accused have to file a separate interlocutory petition or file a separate case for taking cognizance to bring the complainant culprit to justice?
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In the ongoing criminal complaint, the accused can fight his case properly and get it dismissed or acquitted.
He cannot prosecute the prosecutor in the same case.
He can file a criminal complaint separately on the basis of the fault or fraud against the culprits.
better option is to file complaint under section 340 of crpc read with section 195 of IPC seeking an inquiry into offence committed by accused under section 191.193 of IPC
The defence can file application for perjury on which basis separate case would be registered against them.
- The court cannot take Suo moto cognizance in the same case
- The defense /accused should file a separate case
- Further, the accused can move an application before the same court under section 340 CRPC for lodging an FIR
yes magistrate will take cognisance and direct police to lodge fir
Dear Client,
You can defend your rights or help keep a case moving forward by using an interlocutory application, such as an interlocutory injunction. They deter unethical behaviour on both sides' part, and they are frequently invoked when one side feels the other has broken the rules of court procedure. Alternatively, you might initiate a different case to obtain cognizance in order to prosecute the complainant offender.
Hope this answer proves beneficial to you.
