Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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harish (manager)     24 September 2011

340 crpc case, a counter case on 125 crpc case

Dear sir,

I have filed 340 crpc case as a perjury on 125 crpc running case in magistrate court at the stage of her byan and cross-examination along with a judgement/citation of allahabad high court " 340 dispose off first".but court is not ready to accept it . court says it is not rulling , it is only order.

Judgment : 

Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (M/S) of 2002

Syed Nazim Husain
 

Vs.
 

The Additional Principal
 
Judge Family Court & another

Hon'ble A. Mateen, J.

Heard learned counsel for the petitioner as well as learned A.G.A.
 

Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.

From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petitioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.

In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.

In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.

With the above observations the petition is disposed of finally.

9.1.2003 sd- A.Mateen


  Kindly sugest me is there any judgment relatedto this  case?



Learning

 21 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     24 September 2011

Court is wrong in its approach. You may file a criminal review over the order of trial magisrae before Sessions Judge.

1 Like

Rakesh Shekhawat (Advocate)     24 September 2011

Does any provision of review in criminal procedure code?

harish (manager)     24 September 2011

Thanku sir

kvss.prabhakar rao (Advocate )     28 September 2011

Sec  340 cr.p.c empowers only after completion case only, I think in your case  125 cr.p.c is in statge of cross examination. You cannot file sec 340  at that statege. See sec 195 cr.p.c.  AS per SEc 340 cr.p.c after completion  of trail and cncluded you can move the same court where the witness deposed false and scuh case the court can take cognizence and sent the same to Magistrate haivng teriiriorai jurisdiction on which the court situated.

K.V.S.S.PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY ( A.P)

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 September 2011

section 340 is good tactics for counter action but courts discourage it so you must be persistance and go in revison. It is an excellant strategy and all 498 a sufferes must adopt it.

1 Like

Rakesh Shekhawat (Advocate)     28 September 2011

No, Mr. Rao there is nothing prohibit inquiry & complaint u/s 340 Cr.P.C. during the trial of  matter.

Magistrate only send a criminal complaint to the concern magistrate. He will not take cognizence of offence. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 September 2011

Dear Harish

please read it carefully

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 interest 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 for 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.


an dif you are not satisfied with the court/Magistrate order then you can file an appeal in superior court u/s 341 as under:

341. Appeal.

 

(1) Any person on whose application any court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been made by such court, may appeal to the court to which such former court is subordinate within the meaning of sub-section (4) of' section 95, and the superior court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.

 

(2) An order under this section and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.

harish (manager)     30 September 2011

Dear Rajmudri sir,

my case is not on the stage of x -examination.her PWI on125 crpc and x-examination proceeding has completed. which ar making contraductry statments. I hv filed 340 on /for these statements.

i think i m right .......

harish (manager)     30 September 2011

Originally posted by :harish
"
Dear Rao sir,

my case is not on the stage of x -examination.her PWI on125 crpc and x-examination proceeding has completed. which ar making contraductry statments. I hv filed 340 on /for these statements.

i think i m right .......
"

kvss.prabhakar rao (Advocate )     01 October 2011

Dear harish to take cognzence under Sec 340 cr.p.c the court should give finiding based on the false evidecne. After giving findings you cane move the same under section 340 cr.p.c. then only the case under sec 340 cr.p.c would attract. But your case is not conclude finally and  court not yet given its verdict. So sec 340 would not attract.

K.V.S.S.PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY (A.P. )

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 October 2011

This judgement is not reported and also, SC has stated that perjury can not be decided pre-maturely lest it effects the decision of the case.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Adv. Subhadeep Saha (Lawyer.)     23 October 2011

there is no provision of review under criminal procedure.mr shekhawat is right.

Praveen Jain (Advocate)     22 January 2012

This judgement Not found in the record of Lucknow Bench of Allahabad High Court, nor any petetion found in the given name. Therefore it seem fake.
If any one has some reliable information, Please contact to me.
Praveen Jain
Advocate
Mobile:09412102942, 09319771376
 

SANJEEV MALHOTRA (MO)     23 January 2012

In a pending Petition u/s 125 by Wife Gauri against her Husband Rajat , the title reads :

Gauri...........Petitioner

vs

Rajat..........Respondent

 

My queries are :

1.

If Rajat files Application u/s CrPC 340 against Gauri in above pending case , what the title would read ?

Gauri...........Petitioner

vs

Rajat..........Respondent

 

or will it read like :

 

Rajat ...........Applicant / Respondent

vs

Gauri........Respondent /Petitioner

 

2.

Would Rajat sign the 340 Application as Respondent or as Applicant  or Petitioner ?


 


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