340 crpc can be filed before charges or trial started??

Querist : Anonymous (Querist) 29 August 2011 This query is : Resolved
Dear Sirs,
My whole family trapped in false 498a and DVC cases. In my 498a Case charge sheet is framed 2 yrs back charges are not yet framed.In DVC Affidavit is filed by girl side. I have documents with me to prove they have filed false cases on my family.My question is Can I go for 340 CrPC before trial start? is it possible to file 340 crpc in dvc case as affidavit is filed by other party? is it possible to file 340 crpc before charges being framed in 498a ?? plz answer...

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M.Sheik Mohammed Ali (Expert) 29 August 2011
as per 340 of crpc you could not expedite your case, if you want to expedite your case then file speedy process before the court.

ajay sethi (Expert) 29 August 2011
The application u/s 340 is maintainable in the court when the evidence completed and found to be false by court or the proceeding in which the evidence has been given completed

Querist : Anonymous (Querist) 29 August 2011
sir,
u mean to say I can go for 340 crpc as affidavit is already submitted by other party??

Dr Anil Kumar Singh (Expert) 29 August 2011
No, the expert is clear the once evidence is completed and found false by the court then only you can file an application u/s 340 CrPC. At this stage you can not

Querist : Anonymous (Querist) 29 August 2011
IF we have evidence with me to say that allegations are flase and if opposite party files affidavit in court with false information then we cannot file perjury application in 340 CrPC read with 195 CrPC.???

Dr Anil Kumar Singh (Expert) 29 August 2011
Dear one the evidences either from your side or from others side have not been judged and examined so their being true or false remains questionable hence wait for the examination and closure of evidence. You can file but with what results . It will be connected to your previous case and finalized at the stage as opined by the experts.