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R Kumar (Advocate)     03 March 2010

340 Cr.P.C.


I have a problem in section 340 Cr.P.C. i.e. if any person appears in court as surety and he however had alrady taken surety of one accused is now taking surety of an other accused in different case and submitted his affidavit that he had not taken surety of any person and magistrate accepts bond and release the accused. In this situation under section 340 Cr.P.C. Magistrate can make complaint after preliminary enquiry.

I want to know is there any other way to convict the defaulter surety by making F.I.R. or complaint? Whether I can move any application before Court to direct the S.H.O. of Police Station for lodging F.I.R. and to conduct investigation.

This is because generally presiding officers of Court hesitate to make complaint only because they don't like to appear in the Court as witness where they were posted as Judge. This is the basic problem for subordinate Court.


 1 Replies

bhupender sharma (head)     03 March 2010

yes u can prosecute him for furnishing false information to the public servant who is acting jucially which is punishable under section 177/181of the Indian Penal code.

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