petition under 340

Guest (Querist) 22 December 2010 This query is : Resolved
1.What is the procedure for filing petition under 340 CRPC for producing false evidence before high court?
2.Will it be a writ petition under 226 or CrL.Misc. petition and is it necessary to attach complete paper book of the case vitiated under 340 crpc ?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 22 December 2010
1&2. Only the Magistrate can inquire the alleatiions of false statement for which a petition u/s 340 needs to be filed only in the court where the said false statement has been made on oath. So if such false statement is made in the high court then before it you could file such petition u/s 340 after whch the high court would send the same to the competent magistrate for making necessary inquiry and for taking cognizance if the alleged statement after inquiry is found to be false indeed.

s.subramanian (Expert) 22 December 2010
I agree with Mr.Barman.

Raj Kumar Makkad (Expert) 22 December 2010
I also agree.

Dineshwar Singh Kaushik (Expert) 22 December 2010
A petition u/s 340 cr.p.c. should be filed in the court in whose file the false statement on the oath has been filed because only that court has a power to inquire the allegation as labeled by petitioner and if the allegation is found true then only the presiding officer of that court should file a complaint u/s 195 of cr.p.c.

Advocate. Arunagiri (Expert) 22 December 2010
I differ with Mr.Barman. The HC will conduct inquiry, record its findings u/s 340 cr.p.c. If necessary the HC will make complaint u/s 193 ipc to the Magistrate. The complaint will treated as a police case.

so, the case will be sent to the Magistrate after the inquiry by HC.

Devajyoti Barman (Expert) 22 December 2010
Section 193 ipc only prescribes the quamtum of punishment. It does not authorise the high court to make inquiiry. Only the Magistarte can conduct such inquiry and take cognizance of the case.

Advocate. Arunagiri (Expert) 23 December 2010
HC will conduct inquiry meant u/s 340 cr.p.c. and the Magistrate can not do that. Please see
Citation : 2002 (1) SCC 253 Supreme Court
Subject: False Evidence – Preliminary inquiry – notice not necessary
It is not a premise for concluding that the court is under legal obligation to afford an opportunity to be heard prior to making the complaint – Persons against whom proceedings were instituted have no such right to participate in the preliminary inquiry.

Citation : 1998 SOL Case No. 508 Supreme Court
Criminal Appeal No. 777 of 1998. D/d 5.8.1998.
Subject: Police false report – case for perjury on police – 340 Cr.P.C
Cognizance of offence committed in relation to proceedings in court – False Case registered against a person by police and challan put up in court – criminal complaint against the defaulting Police officers could be filed by a trial court after preliminary enquiry under 340 Cr.P.C.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries