340 crpc

Rakesh (Querist) 25 February 2015 This query is : Resolved
In a criminal suit against me has many false statements and affidavits, which i can prove too.
Now pl suggest me whether i will have to submit application under 340 crpc to same Magistrate where case is going on OR i will have to file fresh complaint.

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Rajinder KumarAhuja9990725300 (Expert) 02 March 2015
You need to file application before the court where the case is being heard.Please consult your advocate showing your evidence whether offence has been completed by the other party before filing affidavit etc. in this court. As per recent rulings if any offence has been completed before filing before a court etc. it does not require any sanction from the court in which such papers have been filed.

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