Civil Procedure Code (CPC)

How to file complain of crpc 340 in current dv case


Dear Friends

How to file application of CrPC 340 in current DV Case, further details as under

I belongs from Hindu Family, I Was married in Nov 2008.

My wife left home @ Aug 2010 them My Wife filed false case against  as below to harras me to get divorce & huge alimony

1: January 2011,  u/s 498(a), DP 3 &7,323, 294(b), 114 in Ahmedabad M.M. Court, Gujarat. case status: Yet to come on board

2: February 2011, CrPC 125 for Maintainace in Junagadh Family Court, Junagadh, Gujarat. Case Status: Case is dismissed @ Sep 2010, based on the ground of Juridiction and abuse of process

3: July 2011, DV 2005 in Ahmedabad M.M. Court, Gujarat

4: December 2011,CrPC 125 for Maintainace in Ahmedabad Family Court, Gujarat

Looking forward your supports on this


Thanks

 
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There are many contadicts in her statement/application therefore i m looking advise can we file application of 340c under DV

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Mitesh

if you have prove that the allegation is wrong & she gives false evidence with intent to procure conviction because 340 Crpc is based on 195 IPC read 195 Ipc

Section 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

 

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which 1[by the law for the time being in force in 2[India] is not capital, but punishable with 3[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

 

Illustration

 

A gives false evidence before a Court of Justice intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 3[imprisonment for life] or imprisonment, with or without fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—The same as for the offence—Non-cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.


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Advocate/ nadeemqureshi1@gmail.com

340. Procedure in cases mentioned in section 195.

 

(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-

 

(a) Record a finding to that effect;

 

(b) Make a complaint thereof in writing;

 

(c) Send it to a Magistrate of the first class having jurisdiction;

 

(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and

 

(e) Bind over any person to appear and give evidence before such Magistrate.

 

(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.

 

(3) A complaint made under this section shall be signed, -

 

(a) Where the court making the complaint is a High Court, by such officer of the court as the court may appoint;

 

(b) In any other case, by the presiding officer of the court.

 

(4) In this section, "court" has the same meaning as in section 195.


 


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Dear Nadeemji

 

Thanks for your advise. But matter is that there are so many contradiction in the filed complain between current DV2005 and dismised CRPC 125 case which she submitted in affidavite. so i file an application of  CRPC 340 in DV case based on contradict statement

Looking forward your prompt response for the same

Thanks & Regards

M Patel

 
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POWER OF DEFENSE IS IMMENSE

text book law does not work for 340, everybody is claiming other party false .

In this manner courts can not function if they allow 340 for drop of a hat.


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Managing Partner

If she has given two contradictory statements...she can also be booked for perjury (u/s 340 CrPC)..in the case of Gangawaa and State of Mysore, in the Crl.R.P No 311of 1966 (1967)1 MLJ (Crl) 421..the court has stated that

 

 

"If the prosecution succeeds in proving that the accused in the witness box deliberately made two statements which are so contradictory and irreconcilable with each other, that both cannot be possibly true, he can be convicted for perjury"

 

 

Go ahead and file perjury.

 

 

Vikram

 
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Nothing wrong in filing.............but results are seldom fruitful!

 
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POWER OF DEFENSE IS IMMENSE

instead focus on the case.

 
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There are many things which are written in books but if you go to facts and want to file cases on ur bitter half, Lots of quastions comes before hand and the experts doesnt allow to file these cases. As told by expert JSDN i also feels that we shud concentrate and give whole heartidly efforts in our actual case to win it. There are lot of ways where she and her family will get punished for their falsity. Its a real life experience.

 
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