ash83 (.) 19 September 2023

Can crpc 340 be filled even during written statement stage please?

I have filed a civil suit for declaration, possession and injunction.

The defendants has made several false statement jn his written statement.

1. Can crpc 340 petiton be filled at this stage or only during evidence stage please ?

2. Crpc should be filled in same trail court or high court

3. He as also made defamation statements, what petition should be filed for this in same suit or a separate defamation suit should be initiated?

Thanks for the help in advance

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3 Replies

Real Soul.... (LEGAL) 19 September 2023

Until you don' prove them wrong you cannot file FIR. In the reply to written statement you should eny all those allegations and mention that you contemplate a crimnal complaint for false allegations

Advocate Bhartesh goyal (advocate) 19 September 2023

( 1 ) No, until Court's finding on wrong statement does not arrived, you can not file petition i/sec 340 Cr.P.C.

( 2 ) Petition u/sec 340 Cr.P.C is to be filed in the court who gives findings regarding wrong statement or false evidence.

(3 ) Strongly deny the allegations and contemplate for taking legal action.

ash83 (.) 19 September 2023

Dear sir, thanks for the reply. i have all the proofs and evidence issued by statutory authorities under RTI to prove their written statements are wrong.

1) Written statement by defendants is complete.

2) Issues has not been framed yet.

3) At this stage replication of written statement is just or i was seeing crpc can be filled with the evidence i have. For example, defendant said he has not encroached upon the property, however statutory authorities conducted spot inspection and confirmed indeed enchoarment is done.

4) for defamation , what petition should be filed in the same OS Suit