340 cr.p.c and Judges hesitations

Querist : Anonymous (Querist) 06 February 2011 This query is : Resolved
S.340 Cr.P.C. gives power to the Magistrates and Civil courts to initiate prosecution on the parties who gave false evidence during the court proceedings. But, many of the Presiding officers are hesitating to order prosecution just because of the reason that they have to appear before the trail proceedings as a witness. Any body had a similar experience. Any body got favorable orders in 340 cr.p.c petition.

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Raj Kumar Makkad (Expert) 06 February 2011
I admit that generally presiding Officers of Courts do not take cognizance of such matters and either they keep on defering its proceeding or lastly dismiss it but in one of my matter one Presiding Officer changed this general trend and he initiated suc action and he completed it though he had been got transferred.

Arvind Singh Chauhan (Expert) 06 February 2011
Raj Sir whether revision may lie against this
dismissal or not plz?

G. ARAVINTHAN (Expert) 06 February 2011
i have filed recently. Presiding officer yet to number the same.

Devajyoti Barman (Expert) 07 February 2011
Yes I have such experience.

Querist : Anonymous (Querist) 07 February 2011
I had very very bad experience. The presiding officer will not number it, will drag it for few years, finaly will dismiss it for some reasons.