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Narayan Prabhu (Business)     13 March 2025

Can perjury case be moved after the case was closed or withdrawn

Hello,

Recently, we discovered that several of the facts provided by the opposite party in an affidavit are blatantly false. However, the case has already been withdrawn by the petitioner. 

Can a 340 application be moved since the information are now discovered to be completely false?



 6 Replies

Advocate Bhartesh goyal (advocate)     13 March 2025

No, firstly you had to raise objection on withdrawal of case which you didn't,  secondly you had also not raised any objections regarding such false facts thirdly there is no finding,observation or order of court regarding facts mentioned in affidavit are false so no scope to file petition u/sec 340 of Cr.P.C.

T. Kalaiselvan, Advocate (Advocate)     13 March 2025

I endorse the views of expert learned advocate Mr Goyal.

Narayan Prabhu (Business)     13 March 2025

I was the petitioner and I was the one who withdrew the case. Their affidavit was submitted just before the withdrawal.

Now what are the options for me to file an application under 340?

T. Kalaiselvan, Advocate (Advocate)     13 March 2025

If you were the petitioner and withdrew the petition then there is no effect of this affidavit on you.

It clearly indicates that you had not found any wrong in the affidavit hence you diod not contest it neither you had object to it.

The false statement made in the affidvit must be material to the case, meaning it must be The false statement must be made knowingly and deliberately, not just an error or mistake.

P. Venu (Advocate)     13 March 2025

Any how, you may move the perjury application. Let the Court decide on merits.

 

GIRISH KUMAR   14 March 2025

With due respect I disagree with the aforesaid reply that you cannot take action for filing false affidavit after clouser of case. In my opinion you can file a criminal complaint for the same subject of statutory compliance and limitation. 

The query raised cannot replied in principal. Please take proper legal advice for your query with complete papers.

Girish Kumar Advocate

Supreme court of India

9873777479


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