Re: Format for Application U/S 340 Cr.P.C.
Querist :
Anonymous
(Querist) 25 December 2010
This query is : Resolved
Dear Sirs,
Can you please guide on the format for filling application U/S 340 Cr.P.C.
Two cases for maintenance are pending with a MM court in Delhi , filed by a mother against her son under U/s 12 & 23 of PWDV Act-2005 and U/S 125 Cr.P.C. In her complaint filed on oath the mother says that she doesn't have any source of Income and she is on the Stage of starvation. While ,the fact of the matter is that she is getting pension over Rs 8,500/- per month from Govt.of India. She maintains 7 fixed deposits over Rs. 6.00 lakhs and Five Saving Bank Accounts with various Public Sector Bank having balances over Rs. 5.00 lakhs, she stays in her own house .The son has collected the evidences from the Pension Paying Authority and the concerned Banks also.
Can the son file a case U/S 340 for perjury U/S 182,193,211 I.P.C.Also can he file case U/S 340 for enquiry U/s 195 (1) a(ii) against his two sisters who abeted the mother to file false maintenance cases against her son by making false statement on oath before the Court.
Is this 340 case be filed with the same MM court where the aforesaid cases are pending or with some superior court viz. ACMM or ASJ.
Kindly advise.
Advocate. Arunagiri
(Expert) 25 December 2010
It has to be filed before the court where the false statement is made. File an affidavit and petition u/s 340 cr.p.c. Narrate the details of the false statements. Give proofs for your complaint.
SANJAY GUPTA
(Expert) 26 December 2010
agree with Mr.Arunagiri
Kirti Kar Tripathi
(Expert) 26 December 2010
There is no specif format. proceed as per advice of Mr. Arunagiri.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 December 2010
First you have to prove by evidence the fraud than only perjury application can be given not earlier.
Ajay Bansal
(Expert) 27 December 2010
AGRED WITH ARINAGIRI.
Querist :
Anonymous
(Querist) 27 December 2010
Dear Sirs
The complainant has filed complaint on oath that she didn't have any SOURCE OF INCOME AND SHE WAS ON THE STAGE OF STARVATION.
The respondent on his very first reply submitted evidence to the Court (leter from the Pension Paying Authority,Govt. of India) that at the time of filling complaint the complaint, she has been getting a monthly pension of Rs. 8,500/- per month. Also she maintains five saving bank account and on the date of filling the complaint, she was having a balance of over Rs. 2.00 lakhs in a single such S.B. A/C.
In addition to that she was having seven Fixed Deposits worth over Rs. 6.00 lakhs on the date of filling both the complaint U/S 125 Cr.P.C. and also U/S 12& 23 of the PWDV Act-2005.Both cases are pending before the same Magistrate.The application U/S 23 of the PWDV Act is going to be heard on the next of Hearing.
Do the aforesaid evidences are not enough for filling a case U/S 340 Cr.P.C. If yes, then should this be filed before the NDOH that is for U/S 23 for Inteim Relief or on the same date or after that.
Gulshan Tanwar
(Expert) 28 December 2010
Take three steps first;
1. File petition
2. Seek Adjournment;and
3. Make Oath Commissioner/ Notary Public as one of the party as he had attested the document.
and then see the differences.
