Application for prosecution - maintainability in 1st appeal
Shantanu Wavhal
(Querist) 20 August 2013
This query is : Resolved
I filed HMA sec. 11
Resp. wife lied in Trial court 3 times.
I bought this to the notice of Trial court in my Written Arguments.
I did not file any application for prosecuting her. (as it would have delayed the trial)
Trial court, in its judgement, did not record any findings to this point.
My application allowed – marriage declared null & void.
Wife filed appeal in District Court.
In this appeal case, I filed application to prosecute her for lying in Trial Court.
Opponant lawyer objected wrt. Maintainability of this application.
Is my application for prosecuting the opponant (for lying in Trial Court) is tenable in First appeal ??
Kind request to provide rulings in this regard.
Devajyoti Barman
(Expert) 20 August 2013
No, such application is to be filed and heard in the trial court only.
You can file such application in appellate court if she makes such statement in appeal court.
Shantanu Wavhal
(Querist) 20 August 2013
isnt it covered by 340 (2) of Cr.P.C ??
========================================
340. Procedure in cases mentioned in section 195.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.
R.K Nanda
(Expert) 21 August 2013
not tenable in appeal .
Shantanu Wavhal
(Querist) 21 August 2013
so what is the remedy available now ??
Raj Kumar Makkad
(Expert) 22 August 2013
Application under section 340 of criminal procedure code can be moved before the same cour wherein such false evidence or false statement was made even tough the case stands decided. So your application before appellate court is not maintainable. Better to withdraw it with liberty to file afresh before the trial court.
Shantanu Wavhal
(Querist) 22 August 2013
thanx raj kumar makkad ji.
as per my knowledge till now, this application can NOT be filed after the case is decided.
pl. enlighten.
kindly provide some ruling to this effect.
