Petition not accepting under crpc 340

mahesh (Querist) 27 April 2017 This query is : Resolved
We have filed petition under 340 crpc for sections ipc 420,468,193,199 against false 498 wife. We quoted her statements in cross exam as evidence . We are unable to understand why petition is not accepted in the court. What is the actual procedure to file u/s 340crpc

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Guest (Expert) 05 May 2017
When you read Sec. 340 of the Cr.P.C you will have to read it with Sec. 195.

Section 195(1)(b) in which your case falls, that is for false evidence, the cognisance of the said offence can only be taken by the Court if the Complaint is made by the Court or such officer of the court as the Court may authorise in that behalf. Thus, the cognisance will be taken only then.