Format for filing criminal petition
Surender Oberoi
(Querist) 25 March 2012
This query is : Resolved
The Manager of a firm has filed a false affidavit before consumer court. The court did not take cognizance, in spite of submitting in writing. Now matter is pending execution. May the Hon'ble members suggest mandatory paras for filing a petition u/s 340 Cr PC and where to be filed ie in whose court. In this, an FIR is required before filing ? In short what all should a petition contain, including mandatory relief necessary for ?
Shonee Kapoor
(Expert) 25 March 2012
The same court where the complaint is pending.
It should contain the facts how the affidavit is false and that the such perjurer be punished for the said act.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 March 2012
Petition under section 340 is required to be filed before the same court stating therein entire facts of filing of false affidavit and should pray to lodge FIR against such deponent.
Court after providing opportunity of hearing to such deponent may direct the local police to lodge FIR against such deponent.
Shonee Kapoor
(Expert) 30 March 2012
Dear Ld. Makkad,
The court is not obliged to provide the opportunity to other party.
Though in practise they do.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
