Application under section 340 in a decided case
Mahesh Chand Gupta
(Querist) 04 August 2016
This query is : Resolved
We want to submit an application under section 340 Cr. P.C. against the accused for a case which was decided on 12.07.2016. Since during the judgement, the accused had stated another lie to have less punishment that he is an old aged man suffering from heart cancer even though he was a 40 year old man who has no such disease.
So can we file an application under section 340 Cr. P.C. even after the final order in the case against the accused for false statements made by the accused during the trial of the case and during the judgment in the case?
Advocate Rajkumarlaxman
(Expert) 04 August 2016
In decided cases also you can file a Misc. Application case in the same court and go for 340 perjury proceedings against him surely
Rajendra K Goyal
(Expert) 05 August 2016
Whether the fact was recorded by the court and details were mentioned in the judgement?
Full case file and orders of court need to be referred, discuss with your lawyer.