Appeal on undecided 340 CrpC petition

Querist : Anonymous (Querist) 25 September 2010 This query is : Resolved
In a Civil Suit involving an IA containing a 340 CrPC petition against False Deposition given by Government Department in this Civil Suit was filed in the same trial court.

Though the I A was numbered when show cause notice was issued by the court to the respective Government Department. The Government Department failed to appear and was set exparte.

All procedures was completed by the court. Now in the orders stage the court reopened the IA on the ground that the Original record of the suit need to be appreciated before making a Criminal complaint.

Now all of suddenly the original record gets misplaced in the court and adjournment after adjournments are given by the court.

Now on this undecided IA can we go for appeal to the High Court ?

Please advise

Thanks in advance

Follow Query

Report Abuse

Devajyoti Barman (Expert) 25 September 2010
The court was right in calling for the original record as the false statements as alleged must be with the original record. It is however very unfortunates that the original record is now missing. So you have no option but to lodge a complaint with the Registrar of the court and that of the High Court.

s.subramanian (Expert) 25 September 2010
I agree.

s.subramanian (Expert) 25 September 2010
You cannot file an appeal. But you can file a Revision under Art.227 of the Constitution of India before the High Court.

Chanchal Nag Chowdhury (Expert) 28 September 2010
I suggest U move an application for Revision under Art.227 of the Constitution of India before the High Court.

Previous

Next

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

Click here to login now