Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pavitra Prabhakar (MBA)     21 February 2012

Can i file 340 crpc ?

In my 498a case trial , my 498a wife made various false statements in the court like that  me and my all family members went to her place and beaten her.

BUT in reality on that particular day we were in our place that is 120 km apart from hers , and evidences like call details and attendance in army hospital , were father is treated for CATARCT.

My query is that , is there any scope of 340 crpc and where to file it ?
 



Learning

 10 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 February 2012

Dear Querist,

Since your wife has perjured herself by making false statements before the court, in the very same court application u/s 340 would be filed on which the court after conducting a preliminary inquiry would make an application before another court, on which the other court would take cognizance (s.195 CrpC)

Another option that is open to the court here is to summarily punish your wife itself at the time of passing judmgnet/order - for a maximum of 3 months - 500 Rs Fine

Shantilal Pandya ( Advocate)     21 February 2012

wait til your  aquittal in the  case  against you  the  court  will  not  readily  accept your  story  before  trial in  498A  is reached 

Pavitra Prabhakar (MBA)     21 February 2012

She is turnning up for Cross examination.

Pavitra Prabhakar (MBA)     21 February 2012

She is not turnning up for Cross examination.

Pavitra Prabhakar (MBA)     21 February 2012

She is not turnning up for Cross examination.

Shantilal Pandya ( Advocate)     22 February 2012

argue out your case finaly   on your defence  and get the verdict 

 of aquittal 

KNK A Learner (Learning to share)     25 February 2012

you will be acquited from the case after a long trail. If you want to fight, Lets file 340 crpc with your evidence. If she is correct, you loose, if you are correct then she will be at great lose. You can even file defamation, claims under law of torts, 420 for concealing material fact (Cheating) and 120B for conspiracy.

 

Thanks,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 February 2012

1. Let the cross-examination be over, where you contradict her with the available matter.

2. Thereafter, you can file an application under CrPC 340 for making her liable for perjury.

 

If you need any dope on perjury, feel free to contact the undersigned.

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Pavitra Prabhakar (MBA)     28 February 2012

first my sincere thanks to all of you for  such valuable suggestions.

Plz also suggest what precautions should I take during thr trial , as 498a b*** is very knave and clever and above all trial is taking place at her city.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

criminal trial hangs on only one thing - effective cross-examination.

 

Hope your lawyer is good at it.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register