What is the procedure for deciding 340CRPC application on 498A

Ajay Kumar Reddy (Querist) 23 May 2011 This query is : Resolved
Sir, i have applied 340 crpc on 498A case for false affidavit, flase information, wrong information.
It is at the last stage, all evidence is completed then it is on final argument stage but Judge has told me that he will listen final argument and at the time of final judgment he will decide 340crpc application

Ajay Reddy

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Guest (Expert) 24 May 2011
Depends upon the discretion of the judge. He may be taking precaution to avoid some contradiction in judgment in the case and decision on the 340 CrPC application.

M/s. Y-not legal services (Expert) 24 May 2011
Yes.. Its court's discretion..

Sarvesh Kumar Sharma Advocate (Expert) 24 May 2011
just file the application and it is the discretion of the court,for disposal that!

bhupender sharma (Expert) 26 May 2011
Not the just discretion of the court the court has to provide the reasonable opportunity of being heard to non - applicant. there are judgements of the apex court to this effect that it should be decided after the evidence is lead in respect of the same. More so the discretion has to be exeercised in judicial manner not in arbitrary manner as suggested above.

Ajay Kumar Reddy (Querist) 29 May 2011
Thnak you very much all expert to suggest me and give the valuable advice to me also. Shri Bhupendra sharmaji u have told the apex court to this effect that it should be decided after the evidence is lead in respect of the same. More so the discretion has to be exeercised in judicial manner not in arbitrary manner as suggested above. Can you please provide me that judgement because it is very much urgent and valuable for me.

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