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Mitesh Patel (NA)     30 December 2011

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



 30 Replies

Mitesh Patel (NA)     30 December 2011

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

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2011

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.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2011

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.


 

1 Like

Mitesh Patel (NA)     31 December 2011

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

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 January 2012

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.

1 Like

**Vikram** (Managing Partner)     13 January 2012

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

galsober@yahoo.co.in (def)     14 January 2012

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

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 January 2012

instead focus on the case.

cm jain sir (ccc)     15 January 2012

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.

**Vikram** (Managing Partner)     15 January 2012

If you do not counter attack, they other party will always be in an advantage.

 

In cases like 498a, there is always a compromise, very few cases go till the end, so the person who puts more pressure on the other party wins.

 

So , try an put as much pressure as possible to the other party .

 

Vikram

1 Like

rajiv_lodha (zz)     15 January 2012

Its individul choice, lot of efforts are also involved in such counters..............if fail, may encourage the other party too!

1 Like

cm jain sir (ccc)     15 January 2012

very risky points as it may give a boostup dose as rajiv told. pls do ur homework properly with senior experts before u file perjury or other cases.

1 Like

Fighting for a cause (Defending court cases )     17 January 2012

Ladki aur uske gharwale apko false 498a or DV cases mein fasane se pehle ek bar bhi nahin sochte, lekin ladke ko counter cases nahin karna chahiye or insaaf ke liye bhagwan ke uper chhod dena chahiye... am I right learned members.

cm jain sir (ccc)     17 January 2012

agreed dear aftab,

marriage ek pawitra bandhan hai aur ise jhuth ke sahare problem me dalne wale apne karmo ki saja khud bhugatte hain. ye sachchai hai. Aap khud hi dekhna unke problems badate hi jate hain! 


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