340 crpc

Athi Vishal HD (Querist) 30 January 2015 This query is : Resolved
My wife filed an application to Magistrate Court u/s 12 of protection of women from DV Act-2005.

1.In that application She states that I am working as Police Constable. But I am working as Clerk in Police Dept.

2.In that application it is stated that she got a job at 'National College', Banglore.
But I obtained a letter from National college under RTI which states that my wife has never worked in that College as lecturer nor any post

3.She stated that I tried to kill her by giving electric shock, hitting on head with a rod etc., . But in medical reports/Police reports/Chargesheet it is clearly mentioned that my wife is tried to commit suicide by hanging herself.

I myself only pointed out this false statements and approached my lawyer. I requested him to bring this to court notice u/s 340 crpc. Since he is very young, he clarified this issue with some seniors and they told that "340 crpc is an "teethless snake".

Please experts give advice about this issue.
Thanking you.

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P. Venu (Expert) 31 January 2015
Your advocate is right: "340 CrPC is a teethless snake".

However, in the instant case, there does not appear to be sufficient grounds inviting 340CrPC at least in the present stage.

Devajyoti Barman (Expert) 31 January 2015
Well, I often differ on this point that 340 crpc petition is useless.
As far as my experience goes, i have met with resounding success with regard to 340 crpc petition as it gives a rude shock to the erring party.
I would strongly recommend you to file such petition.

Rajendra K Goyal (Expert) 31 January 2015
Repeated query:

http://www.lawyersclubindia.com/experts/False-statement-submitted-to-court--520246.asp#.VMxqptKUePw

http://www.lawyersclubindia.com/experts/False-statement-submitted-to-court--520561.asp#.VMxqqtKUePw