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Ipc sections 193,199,200

(Querist) 05 July 2014 This query is : Resolved 
I pointed out the false affidavit and filed a seperate complaint against the plaintiff in a civil proceedings. Hon.Judge did not take any cognisance but keep the same number as that of case and call me (the complainant) on the same dates as that of original proceedings. What should I do to take the congisance or let that Hon. Judge should file a new criminal complaint case? as my complaint is nearly 2 years old.
Devajyoti Barman (Expert) 05 July 2014
The civil court can not take cogniszance of 340 crpc proceeding. It has to send it to Magistrate for necessary proceeding.
Rajendra K Goyal (Expert) 05 July 2014
Agree with the expert.
P. Venu (Expert) 06 July 2014
Provisions of Section 195 CrPC applies to the matter. If the civil judge is negligent you can take up the matter with the superior courts.
Ajay Itakikar (Querist) 06 July 2014
It is not clear that who send it to capable Magistrate? I or civil court should send this matter? Is civil court's opinion is mandatory/necessary? Does this criminal proceeding stay/alter the civil judgment?
Ajay Itakikar (Querist) 06 July 2014
According to Section 195(1)(b)(1)of CrPC, it is mandatory that public service should complaint this matter to releavant court. But in his/her failure for not sending this matter, what should I do? I am very thankful to the expert Mr.P.Venu
Advocate. Arunagiri (Expert) 06 July 2014
As per the 340 cr.p.c. the civil court is having the discretion of conducting the inquiry on the petition. If the civil court is dismissing this petition or delaying the disposal of this petition, you can approach the appellate court u/s 341 cr.p.c.

Only if the civil court finds that there is a prima facie case, the matter will be referred to the jurisdictional magistrate for taking action u/s 193 ipc.

It is a criminal case handled by the civil court.
P. Venu (Expert) 06 July 2014
It is a matter of common knowledge that judicial officers are reluctant to set in motion the proceedings under 340 CrPC because they are necessarily required to be a witness before another judicial officer.
T. Kalaiselvan, Advocate (Expert) 07 July 2014
As advised by experts you can take up the matter in an appeal u/s 341 for ineffectiveness of the concerned court to take proper action as envisaged in law.
Ajay Itakikar (Querist) 07 July 2014
I am personally thankful to the experts Devajyoti Barman, Adv. Arunagiri, P.Venu & T. Kalaiselvan Adv. with my humble respect. I get the correct direction what to do next? Thanks again all of...


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