Whether another 340 crpc can be filed at the time of recording evidences?
Raj
(Querist) 07 March 2015
This query is : Resolved
Sir,
In civil suit for interim relief, the application for 340 Crpc was filed on the basis of the submissions made by petitioner in his pleadings and false declaration and affiidavit..The court has seprated the application of 340 Crpc and marked another case number.
Now during recording of evidence in main case..he made certain false submissions and delibartelt given false evidences in court, please inform whether separate 340 crpc can be filed in main case?? if we move another 340 crpc application with pretex to evidences given during plaintiff evidences?
should court merge both 340 crpc application in one? or dospose off separtely??
Devajyoti Barman
(Expert) 08 March 2015
let the evidence conclude and then file 340 petition.
Dr J C Vashista
(Expert) 09 March 2015
If you have sufficient evidence to prove falsity file another application u/s 340 Cr.PC
Raj
(Querist) 22 March 2015
petitipner is habitual litigant and filing multiple petitions..so in order to prevent him from interim relief..340 crpc has been filed on the basis of the false averments,verfications and affidavit supported by him....the court has seperted the 340 crpc application..now why I am asking that 340 crpc has been allotted differnt numbers but the evidences has not been complete..if he create further false evidences whether there is bar in filing the fresh 340 crpc application? ..Thanks Dr J.C Vashista for reply..
SAINATH DEVALLA
(Expert) 22 March 2015
U have filed 340 at the wrong time U have been misled, U need not file again.If your lawyer is intelligent he can guide U
Hemant Agarwal
(Expert) 15 April 2015
1. Multiple criminal applications (whichsoever), for same cause /repeated cause of action/breach is barred by law.
2. However, due amendment can be made on the earlier application u/s 340, based on the fresh documentary evidence.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 10 March 2015
