Maintainability of Perjury application U/s 340 CrPC after conclusion of case.
Legal Fighter
(Querist) 25 September 2008
This query is : Resolved
Can anyone please tell me if perjury application is maintainable after conclusion of the case. Actually what happened, we were filing perjury application on our court date but the judge told us to file afterwards and in the meantime, final order for the case is pronounced and after 4-5 days of that order, we have filed that application. Now the judge is saying that after conclusion of the main case, it is not maintainable. Can you please provide me some citation for the same which says that if it is maintainable.
Legal Fighter
(Querist) 25 September 2008
we have submitted the perjury application and it is still under consideration of the court. what are my options so that it gets decided on merits?
ARVIND JAIN
(Expert) 25 September 2008
it is now upto the court to consider and take suitable steps if find some ground.
Legal Fighter
(Querist) 25 September 2008
i don't want to get it dismissed because it has been filed after conclusion of the main case. i would be happy if it gets dismissed on grounds that no such perjury has happened. So I want citation telling that perjury application is maintainable even after conclusion of the case.
Murali Krishna
(Expert) 25 September 2008
As Arvind rightly said it is uptot he court to decide whether there is perjury or not. If it thinks that there is perjury then the court may go ahead.
deepak kumar
(Expert) 25 September 2008
what i feel is that if an offence has been committed it should be enquired into and the guilty be punished and he should not be let off just because the original case is disposed off the section 340 also does not say so that the application would be maintainable only during the pendency of original case.
K.C.Suresh
(Expert) 26 September 2008
S.340 is clear. It must be related to offences U/s sub-section (1) of Sec. 195 which appears to have committed in or in relation to a proceeding, in that court. it is only a preliminary enquiry. After finding if there is any stuff send the complaint to the magistrate of 1st class concerned. There is no reason to reject your complaint by the judge as section stands.
SANJAY DIXIT
(Expert) 26 September 2008
Dear Manish,
As I think,
Application U/s 340 Cr.P.C. should be disposed first before the decision of origional case/ suit.
Legal Fighter
(Querist) 26 September 2008
does anyone has citations or judgments on maintainablility of the petition after conclusion of main case?
SANJAY DIXIT
(Expert) 26 September 2008
Dear Manish,
I have a judgment copy of Allahabad High Court , but I think it is against you. You may go through it.
Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (M/S) of 2002
Syed Nazim Husain
Vs.
The Additional Principal
Judge Family Court &
another
Hon’ble A. Mateen, J.
Heard learned counsel for the petitioner as well as learned A.G.A.
Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.
From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.
In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.
In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.
With the above observations the petition is disposed of finally.
9.1.2003 sd- A.Mateen
Legal Fighter
(Querist) 01 October 2008
any judgments to help my cause?
Adv.Shine Thomas
(Expert) 02 October 2008
In criminal cases as the magistrate has no power of review, after pronouncing judgment he cannot do anything.
SANJAY DIXIT
(Expert) 12 October 2008
Dear Manish,
I gone through two citations, which says about the stage of proceedings U/s 340 CrPC,that the proceedings U/s 340 CrPC should be initiated at or after the disposal of the pending case.
You see whether they are helpful to your case--
(1)Rewa Shankar Mulchand V/s Emperor, 41 CrLJ 1940 page 182
(2)AIR 1955 NUC Madras 3945
