whether Application under 340 of Crpc is maintainable before the District Court

yogesh (Querist) 25 September 2010 This query is : Resolved
Dear Experts,

Please kindly inform if the petitioner has moved an Application under CPC before the Distric Judge and the respondent in its reply uses very scandolous and defamatory language in the Written Statement. Please inform whether Application under Section 340 of the CrPC can be moved by the petitioner against the respondent?

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s.subramanian (Expert) 25 September 2010
Yes. You can move.

s.subramanian (Expert) 25 September 2010
However the District Judge has to conduct a preliminary enquiry into your complaint and if an offence under Sec.195 IPC is made out, then he has to forward the same with his report to the concerned Magistrate having jurisdiction over the matter for further proceedings.

Devajyoti Barman (Expert) 25 September 2010
Yes that is the procedure but the scandalous and defamatory pleading is not sufficient to attract section 340 of crpc. At the most you could file petition to remove those scandalous or vexatious statement form his pleading.

Kumar Krishan Agarwal Advocate (Expert) 27 September 2010
Do be aggressive and take on heart or mind. Leave the matter on lawyer to tackle it rightfully with full facts.