340 CRPC Procedure
Ajay Kumar Reddy
(Querist) 06 August 2011
This query is : Resolved
I am Ajay Kumar Reddy, My ex-wife (Family Court has given on Cruelty basis and HC of Chhattishgarh also approved that decision in favour of me) has given the false affidavit and False evidence in front of the court in 498 Case. I have given the application of 340crpc with all evidence. In this 498A case all the evidence has finished from both side. In my favour Notary has also given the evidence, My ex-wife has given the application alongwith affidavit also. In that affidavit Notary has notified on 9th May 2008 but my ex wife has signed and she has written date 22nd May 2008. Notary has told to the court that she has done wrong thing this affidavit is notrified on 9th May 2008 not on 22nd may 2008. She has given the wrong statement also which is written in the affidavit also. So all the point I have given in that application. My quarry is fallowing:-
1. Weather the court has to give the decision before the final judgment of 498A or 340 CRPC judgment can give alongwith the 498A judgment. What law is told about giving the judgment on 340CRPC?
2. When the 340CRPC application is decided that time my ex-wife also attend the court, I want to ask for the judgment weather court has to give the samans to my ex-wife on the judgment she stood infront of court? Because on this 10th of Aug final argument on 498A case. So if any judgment or law thn please tell me it is urgent by showing that judge will decide as per law.
3. There is any judgment that 340 CRPC has to decide before final judgment or it is the under discretion power of judge.
Because I feel after putting the application of 340CRPC court has 4 (four) time date for giving the decision on 340CRPC but after 4times has told us that first do final argument then he will give the final judgment and that time he will decide 340CRPC application and court has not issued any samans to my ex-wife.
Ajay Reddy
Advocate. Arunagiri
(Expert) 06 August 2011
Please dont mix up 340 cr.p.c. and the regular proceedings.
It is the discretion of the court to dispose the 340 cr.p.c petition at any time.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 August 2011
SC has developed the theory of CUSTODIA LEGIS for 340 case and hence only rarest of rare case qualify under it.
Ajay Bansal
(Expert) 06 August 2011
Your application u/s 340 Cr.P.C. can be decided after judgement of main case.
