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Crpc341 appeal = civil / criminal ?

(Querist) 29 August 2014 This query is : Resolved 
in HMP filed by me respondent wife gave false evidence.
i didnt file crpc 340 application in Trial Court.

she lost the case and filed first appeal.

i gave crpc 340 application in the First appellate court. The court refused to file complaint.

the HMP and the First appeal were decided in my favour - my marriage declared null and void.

now i have filed appeal u/s CrPC 341
i have filed this appeal as a CRIMINAL APPEAL.

i m realizing that - the appeal should be a CIVIL appeal & not Criminal.

QUERY :

1) if civil court refuses to act u/s 340, then the appeal u/s 341 will be civil / criminal.

2) since i have already filed criminal appeal, what is the remedy now ? (amendment / withdrawal & filing again to civil side)




quick references :

341. Appeal.

(1) Any person on whose application any court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been made by such court, may appeal to the court to which such former court is subordinate within the meaning of sub-section (4) of’ section 195, and the superior court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.


crpc 195

(4) For the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from appeal able decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate:
Shantanu Wavhal (Querist) 29 August 2014
http://courtnic.nic.in/jodh/judfile.asp?ID=CRLR&nID=931&yID=2008&doj=5%2F29%2F2013

When a civil court refuses to file any complaint under Section
340 Cr.P.C. read with Section 195 Cr.P.C., an appeal by the aggrieved
party can be filed only to the appellate court in the civil side and not
to the appellate court in the criminal side.
Ms.Usha Kapoor (Expert) 21 June 2018

I agree with Shantanu Wavhal.


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