(Querist) 05 April 2012
This query is : Resolved
Kindly adice prayer portion of an application u/s 340 CrPC before High Court: For filing against false statement on affirmation in transfer aplication u/s 24 of CPC. Whether cause title will be CAN Case no.....of 2012? :-
Therefore your petitioner prays for following reliefs after holding a preliminary enquiry under section 340 of the Criminal Procedure Code:-
i. Record a finding to the effect that the opposite party viz. Smt. yyyyyyy has made false statements on oath/affirmation in regards to her staying at matrimonial home and also about the knowledge of the judgment and decree under the execution of the above mentioned captioned execution case.
ii. The Hon'ble Court may make a complaint in writing to the Court of the Learned Chief Judicial Magistrate, at Alipore, District 24 Parganas South for prosecution of the opposite party under section 191,192, 193, 195, 197, 199, 200, 205, 209 and 210 read with section 120B of the Indian Panel Code.
iii. To the take the opposite party into the custody and forward them to the Court of the Learned Chief Judicial Magistrate, at Alipore, District 24 Parganas South.
iv. Bind over any person appear to have conspired with the opposite party in making such false statement and documents.
v. The complaint may be sent by this Learned Court or any authorized officer of this Learned Court to the competent authority.
vi. To pass such further order or orders as Your Honour may deem fit and proper.
And your petitioner as in duty bound shall ever pray.
Kindly advise whether thsi case can transfer to her jurisdiction?
I will be grateful if the panel of expart caorrect the paryer portion of the 340 application to get at the truth. As i have full faith on our judiciary system.