340 crpc application is not decided by jmfc
Ajay Kumar Reddy
(Querist) 25 September 2011
This query is : Resolved
I have applied 340Crpc application in my 498A case, JMFC want the answer from the ADPO but he has told that what are the fact and documents that it is already in the court and he has not given any answer of my 340CRPC application. Then JMFC sir, fixed for argument on 340 CRPC. In that day my lawyer is given written argument on 340CRPC application with SC judgment. JMFC sir, given three dates for decide of that application then in the 4th term Respected judge decided that he will decide after listening of final argument and he will decide at final judgment. But at last he has not decided that application. Please give the information of following:-
1. He has not decided 340CRPC application weather it is illegality. Even that he is not written not a single word also acceptance (cognizance) or disposed. He is not rejected that application also.
2. He has convicted me on 498A case, weather I can go to HC for 340CRPC application for not deciding by JMFC.
3. Weather I have right to go to HC for this illegality? After conviction. Can HC directly listen on 340CRPC application. I want to send and I want to discuss on 340CRPC application, not conviction point.
4. I have applied appeal on the session court, but this time I have not mentioned anything about 340CRPC application in the appeal. I feel and JMFC Judge has commented one word “U have given the wrong application”. So I have not written about 340CRPC.
Ajay Reddy
Devajyoti Barman
(Expert) 25 September 2011
1. yes the decision is still pending.
2.Yes
3.Yes it can
4.You need not if the magistrate passes separate order for the 340 petition.
Shonee Kapoor
(Expert) 25 September 2011
1. He has not decided 340CRPC application weather it is illegality. Even that he is not written not a single word also acceptance (cognizance) or disposed. He is not rejected that application also.
IF THE APPLICATION FILED DURING THE PROCEEDINGS HAS NOT BEEN DECIDED, THAT IS ILLEGALITY AND THAT NEEDS TO BE DECIDED, WHETHER REJECTED OR ACCEPTED IS IMMATERIAL.
THERE IS A PUNJAB AND HARYANA HIGH COURT JUDGEMENT IN THIS REGARD. IF YOU WANT, YOU CAN GET IT BY MAILING TO ME.
2. He has convicted me on 498A case, weather I can go to HC for 340CRPC application for not deciding by JMFC.
YES, YOU CAN UNDER WRIT.
3. Weather I have right to go to HC for this illegality? After conviction. Can HC directly listen on 340CRPC application. I want to send and I want to discuss on 340CRPC application, not conviction point.
YES, YOU STILL HAVE TO THE RIGHT, CONVICTION ALONE DOESNOT ABSOLVE THE CRIME OF PERJURY OF THE WITNESS.
4. I have applied appeal on the session court, but this time I have not mentioned anything about 340CRPC application in the appeal. I feel and JMFC Judge has commented one word “U have given the wrong application”. So I have not written about 340CRPC.
HMMMMMM, THE JMFC, NEED TO DISPOSE OFF THE APPLICATION SEPERATELY AND THE SAME CAN NOT BE MENTIONED IN MAIN CASE.
REGARDS,
SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM
Biswanath Roy
(Expert) 25 September 2011
Obtained certified copies of all orders including charge sheet if any and filed criminal appeal in your State High Court redressal.
Biswanath Roy
(Expert) 25 September 2011
Obtain certified copies of all orders including charge sheet if any and file criminal appeal in your State High Court for redressal
Raj Kumar Makkad
(Expert) 25 September 2011
I do agree with the detailed reply of Shonee.
Ajay Kumar Reddy
(Querist) 26 September 2011
Thnak you, experts. It is versatile advice for me.
Ajay Reddy
