Can application under 340 crpc be filed in dv proceedings
Raj
(Querist) 28 June 2013
This query is : Resolved
My sister in law has filed the complaint against my brother before the protection officer but the women cell had kep the report for several months whene the complaint was filed before the magistrate she has include the name of rest of the family members
Surprisingly no notice of appearance was issued to any family member and none of us has ever been asked to participate in the proceedings
In complaint she has made very false allegations whether Application under 340 CrPC can be filed before the Ld Magistrate for furnishing false information??
Nadeem Qureshi
(Expert) 29 June 2013
Dear Raj
if you have any proof that she has made false allegation then you can file
340. Procedure in cases mentioned in section 195.
(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) Record a finding to that effect;
(b) Make a complaint thereof in writing;
(c) Send it to a Magistrate of the first class having jurisdiction;
(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and
(e) Bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed, -
(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;
1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, “court” has the same meaning as in section 195.
Raj Kumar Makkad
(Expert) 29 June 2013
Prejury proceeding can definitely be brought in DV Act Case.
ajay sethi
(Expert) 29 June 2013
fight DV case on merits . you will end up spending more time and money in filing fresh case .if allegations are flase lead evidence in DV case to prove the same .
