Juridiction 340 crpc district judge or jmfc?

dattaraj (Querist) 28 April 2014 This query is : Resolved
wife applied to d j for file transfer with following false information-
both the parties evidence yet to be recorded,
wife wants to change lawyer,
wife is not getting any lawyer in her city,
husband submitted-
the matter is time bound by high court order,
fact is that the jmfc has recorded evidence from both the parties and matter is only pending for argument now.
husband want to file criminal complaint against wife u/s 200 of ipc with 340 crpc
where he can file at d j or at jmfc? please help..

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Devajyoti Barman (Expert) 29 April 2014
What is the matter of perjury?
It is to be filed in the same court where such false evidence has been submitted.

Advocate. Arunagiri (Expert) 29 April 2014
You have not stated what is the perjury committed by the wife?

You can not file a 340 cr.p.c. petition in a different court.

cr.p.c. 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence –

(1) No Court shall take cognizance—

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive)of the Indian Penal Code (45 of 1860), or

(ii) of any abetment of, attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit, such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following section of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the
abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate

as per 195 1 b (i) of cr.p.c if any false statement is given by the parties, during the proceedings of the court, only that court presiding officer can make the complaint, to the jurisdictional criminal court.

But, inquiry u/s 340 cr.p.c. will be conducted by the court before whom the perjury was committed. By this civil court will act as a criminal court for this purpose. If there is primafacie found after this inquiry, the matter will be referred to the criminal court for trial. This case will be treated as a police case during the trial.