Crpc 340(perjury )
sanjeeb kumar patra
(Querist) 14 May 2013
This query is : Resolved
my wife filed false DV case against me and other 4 of my family members in chief judicial magistrate court in mumbai.she submit some false document which i have the solid documentation proof of that document .i filed a crpc 340 along with 193,195,196 of IPC in the same court. somewhere i heard in CRPC 340 section only the family court take action against the accused. plz let me clarify how it works,how i can lead this case against my wife.is there any judgement by supreme court where wife/husband can file crpc against with each other.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 14 May 2013
340 cr.p.c. can be filed against the person who had submitted false affidavit or false facts with supporting affidavit in the court.
Raj Kumar Makkad
(Expert) 14 May 2013
Submission of false/fabricated documents before the court also do come within the ambit of prejury. Your lawyer might have guided you that the court shall invite your evidence on the application and then shall consider it and if found within the ambit of prejury then shall issue notice to your wife and further proceeding shall follow.
There are a lot of judgments on the subject.
sanjeeb kumar patra
(Querist) 15 May 2013
Thanks to all,special thanks to mr raj kumar makkad,is there any judgement by supreme court where husband can file CRPC 340 against wife.or wife can file the same.another query if i filed the same case in family court what will happen. Chief Judicial Magistrate court has the right to lead this case or the same court send to other court,if it is then what is the procedure for the same.I am fighting my case part -In -person. plz guide me the best way to fight this case
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 May 2013
In most of the matrimonial cases the accused start with - QUASH than PERJURY and DEFAMATION.
All such tactics are counter productive and your energies are wasted which should have been used for defending the case properly.
In case of PERJURY see what the APEX COURT SAYS.=
"11. The scope of the preliminary enquiry envisaged in Section 340(1) of the Code is to ascertain whether any offence affecting administration of justice has been committed in respect of a document produced in court or given in evidence in a proceeding in that Court. In other words, the offence should have been committed during the time when the document was in custodia legis.
R.K Nanda
(Expert) 16 May 2013
no more to add.
