Perjury whilst op pending in hc

PT (Querist) 26 January 2014 This query is : Resolved
Hello Sir,

I filed a Crl.O.P u/s 482 CrPc to Quash a Domestic Violence case filed against me in the Metropolitan Magistrate court.

I have now filed a Perjury Application u/s 340 CrPc, laying out the evidence that show the lie and contradiction of the complainant. The learned Magistrate has said that only when the OP pending in the HC is closed, he can take this up.

Are there any law/ judgments that would necessistate the taking up of the perjury application by the Magistrate court

Thanks

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ajay sethi (Expert) 26 January 2014
since your application for quashing of complaint is pending in HC the magistrate does not want to take any decision on your perjury application at this stage . wait for orders passed by HC in your 498A quashing application .

Guest (Expert) 26 January 2014
You have not stated whether the Magistrate has also held in abeyance or not the hearing in Domestic Violence case against you, if he has prefered to take up perjury case during pendency of your OP.

PT (Querist) 26 January 2014
Sir,
I got a STAY from the HC in 2010. Thereafter, in 2013 the Magistrate dismissed interim relief filed by complainant in the DV. Later i have filed the perjury application which was accepted. However, the magistrate does not want to proceed and he states the pending OP as a ruse.

I do not want to interfere and conclude the pending OP in the HC

Guest (Expert) 26 January 2014
Action of the magistrate is right. Naturally, if stay from HC is there, the magistrate should not be expected to entertain any application in that respect, either from you or the complainant.

Be patient, wait for the outcome of your OP in the HC. Don't try to increase the work of the court unduly or untimely.

Advocate. Arunagiri (Expert) 26 January 2014
I agree with Mr.Dhingra. The act of the magistrate is correct in accordance with law.

Guest (Expert) 26 January 2014
Thanks, Shri Arunagiri, for endorsing my views.

Devajyoti Barman (Expert) 26 January 2014
Yes, if the HC has stayed the lower court proceeding then how could the magistrate proceed with the perjury petition.
You are trying too many options without adopting the proper approach.