195 to preceed 340

Querist : Anonymous (Querist) 26 December 2010 This query is : Resolved
Can Verification / affidavit in support of false averment in a Civil Suit be enough to pray for enquiry u/s 195 or proceedings u/s 340 ?

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Devajyoti Barman (Expert) 26 December 2010
If the false statement is made on oath then petition u/s 340 crpc could be filed.

Kirti Kar Tripathi (Expert) 26 December 2010
For that purpose, there must be specific finding of Court that the statements mentioned on oath are false.

SAANJAAY GUPTAA (Expert) 27 December 2010
agree iwth Mr. Tripathi.

s.subramanian (Expert) 27 December 2010
Yes. I agree.

Advocate. Arunagiri (Expert) 27 December 2010
I agree with Mr.Barman.

Findings of the court is necessary for the purpose of allowing 340 cr.p.c petition, consequently to make criminal complaint before the magistrate.

Querist : Anonymous (Querist) 27 December 2010
Therefore, the Civil Court would have to be requested for informing the jurisdictional Magistrate to initiate proceedings u/s 340 after giving his findings u/s 195; is that so ?

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