An old judgement which might be of some help.
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
petioner 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
