prabir 23 February 2018

Section 340

In a 498a case after completion of evidence of PW-1, an application under section 340 was filed in jan 2016. Until now the matter has not been heard. The question is whether completion of hearing of the application under section 340 should be completed before the case is over or afterwards.

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R Trivedi (advocate.dma@gmail.com) 23 February 2018

S.340 CrPC and subsequent perjury : No court is willing to get into this. You should argue along with impeachment of witness. The right step should be to cross examine the witness and after completion of cross if material and substantive falsehood is found then move and press for S.340 CrPC, if the court is reluctant and press for it, and go for revision to higher courts. The key is material and substantive falsehood capable of influencing the decision if not agitated.