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Section 340 cr.pc

(Querist) 09 December 2013 This query is : Resolved 
At which stage of trial an application u/s 340 Cr.PC for committing perjury before the court can be filed by the accused or complainant (as the case may be) with the trial magistrate? What is the procedure by the Magistrate for its disposal? I mean to say Whether the trial magistrate will hold enquiry in to the petition filed for perjury in his court by stopping the further trial or would start immediate enquiry in to the application filed before his court under section 340 Cr.PC or he will continue with the trial by with holding the application on record for disposal after completion of the trial? Experts are requested to discuss, advice and may quote the judgment of Apex Court in support of their reply. This is the intricate question of law which most of the advocates and magistrate of local courts do not know.
Nadeem Qureshi (Expert) 09 December 2013
read section 340 of Cr.P.C, carefully and got answer of your queried
BAALASUBRAMANNYAMM (Expert) 09 December 2013
Section 340 in The Code Of Criminal Procedure, 1973
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 interests 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 of 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;
(b) in any other case, by the presiding officer of the Court.
(4) In this section," Court" has the same meaning as in section 195.
Rajendra K Goyal (Expert) 09 December 2013
Academic query.
S.B.adil rahman (Querist) 09 December 2013
Yes Mr.Goyal doubt it is an academic query since all through the life a doctor and a pleader remains student. I am a student though a new practitioner in the field of criminal laws. Problem is with the Magistrates most of whom do not under stand its implication. I believe that Pritesh Vs State of Maharashtra is a fit case to show them the path but what if they ignore the law and keep the petition in file without taking proper measure and without making any order. Could you show me the way? And yes Mr.Qureshi, no one becomes an advocate without learning the books of law so your advice to go through the books is really bookish. The intention of legislature and the Interpretations made by the court play a very important role in the field of law. I have gone through all the posts on this forum on section 340 Cr.PC which has been discussed earlier. But in case of inaction or non action by a Magistrate on a petition under section 340 Cr.PC, if a poor client can not afford the cost of Appeal then what remedy lies for him? Could you please tell?

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