Perjury allowed but how to execute (implement)

advocate.dma@gmail.com

You can also write that the notice is twice given by the registrar and served and even otherwise it is the court in front of which falsehood was committed is competent to file the complaint as per S.340 CrPC and sub section thereon.
 
Reply   
 
Advocate

Some procedural lapses are there. Before initiating offence of perjury firstly there should be preliminary inquiry and it seems there was no preliminary inquiry before issuing notice.

 
Reply   
 



Complaint of Perjury is filed only when the offence appears on face of the record.     The offence which requires inquiry is no perjury.     Giving Notice is unnecessary and redundant.       Notice is never necessary for lodging any Complaint whatever.

 
Reply   
 
Advocate

Yes, TGK REDDI, you are absolutely right. Without recording prima facie evidence on records by preliminary inquiry, if the court starts issuing notice of perjury, the court will not be able to cope with perjury casess, leaving the main issues in cold storage.

 
Reply   
 

Dear Experts

The False Orators should not be able to avoid, delay or escape punishment hence taking utmost care and hence this query :-

 

Advise can I make Cri MA in the manner as under :-

 

MR ABC                               )               Complainant / Applicant

           v/s.

1. State                                )   

2. The Registrar                    )             Respondents (Contested)

3. Mr XYZ                             )             Respondents (Non - Contested)

                                                        (Original Respondent and would be Accused

                                                         in Original Cri Complaint  )

 

 

             Application u/s. 340 of Cr PC  to direct Res. No.2 to comply with Order dated

                      00-00-2017 passed by this Hon’ble Court in Original Cri Complaint

 

Facts :- .  ……………………………………………………………………………………………………

 ……………………………………………………………………. ……………………

PRAYERS

               …………………………………………………………………………………………………….

 ……………………………………………………………………………………………………

 

Guide and Thanks in advance

HARIOM

 
Reply   
 

Dear Experts
 
The False Orators should not be able to avoid, delay or escape punishment hence taking utmost care and hence this query :-
 
 
Advise can I make Cri MA in the manner as under :- 
 
 
MR ABC                  )         Complainant / Applicant
       v/s.
1. State                    )
2. The Registrar        ) Respondents (Contested)
 
3. Mr XYZ                ) Respondents (Non - Contested)
                  (Original Respondent and would be Accused in Original Cri Complaint )
 
 
                Application u/s. 340 of Cr PC to direct Res. No.2 to comply with Order dated
                  00-00-2017 passed by this Hon’ble Court in Original Cri Complaint
 
Facts :- . …………………………………………………………………………………………………… ……………………………………………………………………. ……………………
PRAYERS ……………………………………………………………………………………………………. ……………………………………………………………………………………………………
 
Guide and Thanks in advance
 
Reply   
 

Dear experts

In short  can I make Registrar also as a party to the case because the first (Original) Order is issuance of direction to  the Registrar 

 

Regards

HARIOM

 
Reply   
 
advocate.dma@gmail.com

Mr. Tarachand, your application is allowed by the court, so there is no case made out for appeal. The problem is that court failed to initiate the complaint against him and rather took an incorrect approach of involving the registrar. Pl refer to S.340 CrPC, move an application to the same court, does not matter if some other judge, pray to him to as per S.340 CrPC the complaint is to be moved by this court after my application is allowed, and he hence the court may please file complaint against the accused to competent court. Then the judge will move complaint through the reader of his court to the magistrate having jurisdiction over accused locality.
 
Reply   
 

Shri R Trivedi ji

I had sent you one email for work at Hon'ble Supreme Court

 

If not read the kindly read and reply

regard

HARIOM

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu