Article 226

Querist : Anonymous (Querist) 14 May 2023 This query is : Resolved
In the absence of any substantial question of law, the court posted the case "for orders". The Appellant filed an amended petition under Order 6 Rule 17 of CPC for additional substantial questions of law and filed an additional evidence petition under Order 41 Rule 27 of CPC. Both these applications contain false statements (Section 209 of IPC). The court allowed those applications and admitted the 2nd appeal. The appellant caused extensive damage to property & personal injury that attracts Articles 14,19, 21& 300A.

Question: Rather than asking the same court (where 2nd appeal is pending) to consider the issue under 340(1) CrPC and then refer to the Magistrate for action, a petition under 226 be filed for necessary orders under Section 209 of IPC to expedite the matter.
Many thanks for your help.

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Quick Summary

This discussion explores the best legal approach for addressing false statements made in court applications, specifically concerning Section 209 of the Indian Penal Code. The question is whether to file a petition under Article 226 for orders related to Section 209, or to raise the issue within the existing second appeal proceedings. The consensus suggests that all grievances, including those related to false statements, should be addressed within the ongoing second appeal by the appellate court.

ashok kumar singh (Expert) 15 May 2023
No, you have agitate in the same proceeding in the second appeal, definitely Court will look into. Consult your Learned Advocate Record or the Senior Advocate engaged in your Second appeal.

T. Kalaiselvan, Advocate (Expert) 15 May 2023
Since the matter has reached the second appeal all your grievances through this second appeal has to be dealt with by the appellate court only

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