Zeeshan (Hidden) 27 July 2025

How tile perjury u/s 340 crps ? new case or application in ongoing case ?

How tile perjury u/s 340 crps ? New case or application in ongoing case ?

I have a ongoing case of declaration with my tenant 'nanney' who claim himself as tenant on the basis of fake papers. Therein, he bring a fake witness who stated that Nanney called me through his grandson in year 1998. but I got proof that in 1998 the grandson was not even born.

Now I want to file perjury u/s 340

How to file it ? New case with fresh vakalatnama or an Application in ongoing declaration case ?

Please suggest.

Thanks

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 27 July 2025

The first step is to identify the false statement made under oath. This statement must be material to the case and made intentionally. While not mandatory, the court may conduct a preliminary inquiry to assess if there's sufficient evidence to support the perjury allegation. The court where the perjury is alleged to have occurred must first form an opinion that perjury has likely been committed. It must also decide whether it's in the interest of justice to pursue a perjury case. If the court decides to proceed, it will make a written complaint, including details of the offense, facts, and evidence, and forward it to a First Class Magistrate.