Maintainability of perjury’s u/s 340 read with 193, 200 & 2009 of ipc in the decree execution court.

PARTHA SARKAR (Querist) 07 November 2011 This query is : Resolved
Kindly advice whether the decree execution court (RCR Ex-parte decree) in reply to Ld. Court’s show cause notice by the judgment debtor, a perjury u/s 340 Cr. P.C. read with 193, 200 & 2009 of IPC is maintainable against her false statements (documentary evidence available)? Can the decree holder file a separate petition u/s. 340 Cr.PC etc. and prayed before the Ld. Court to proceed the perjury petition first before dealing with the main proceeding to prove that the decree holder is innocent?
If yes, what will be the procedure and prayer before the Ld. Court?
Regards
Partha Sarkar

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Shonee Kapoor (Expert) 08 November 2011
Yes, it is applicable.

Procedure is to file a CrPC 340 application.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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