NARINDER KUMAR
(Querist) 16 July 2021
This query is : Resolved
can lower court has jurisdiction himself to summon accused u/s 340 crpc read with section 195 ipc
Yes, a trial court can summon an accused for offences under Section 195 IPC read with Section 340 CrPC. This typically happens when a petition is filed in a pending or decided case where false evidence was submitted. The court will then conduct an enquiry and, if substance is found, may direct a Magistrate Court or the police to initiate legal action.
Dr J C Vashista
(Expert) 17 July 2021
Definitely Trail Court can summon the accused for the offence committed u/s 195 IPC r/w Section 340 CrPC.
Advocate Bhartesh goyal
(Expert) 17 July 2021
Petition u/sec 340 Cr.P.C read with sec 195 of IPC is filed in court where a suit or legal proceedings is sub judice or has been decided and in which any party to suit or proceedings submitted any false or fabricated evidence.After receiving such petition said court makes an enquiry and if court finds any substance in case ,in that situation either send it to Magistrate Court having jurisdiction to initiate legal action against accused or to police to register FIR.
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