Need 340 crpc reg...........
harish
(Querist) 24 September 2011
This query is : Resolved
Dear sir,
I have filed 340 crpc case as a perjury on 125 crpc running case in magistrate court at the stage of her byan and cross-examination along with a judgement/citation of allahabad high court " 340 dispose off first".but court is not ready to accept it . court says it is not rulling , it is only order.
Judgment :
Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (M/S) of 2002
Syed Nazim Husain
Vs.
The Additional Principal
Judge Family Court & another
Hon'ble A. Mateen, J.
Heard learned counsel for the petitioner as well as learned A.G.A.
Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.
From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petitioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.
In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.
In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.
With the above observations the petition is disposed of finally.
9.1.2003 sd- A.Mateen
Kindly sugest me is there any judgment relatedto this case?
Shonee Kapoor
(Expert) 24 September 2011
Dear Buddy,
I have also not been able to find the citation for the same.
However, the Hon'ble SC in another case has stated that perjury should not be decided pre-maturely.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 24 September 2011
340 cr.p.c application can be filed at any point of time. The same can be disposed at any point of time. The court need not wait till the disposal of the main case.
harish
(Querist) 24 September 2011
Hi shonee
Thanku
Plz.give SC citation said/mention that the court should dispose of the said application first before proceeding any further or before recording of further evidence.
Thanks
Biswanath Roy
(Expert) 24 September 2011
Same similar and identical case is not available but for juristic prudence perjury case and falsification of evidence is to be taken first before examination of evidence.
Guest
(Expert) 30 September 2011
Agree with experts.
harish
(Querist) 30 September 2011
thanks everybody..........
