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prabir   03 January 2019

Perjurry

In a matrimonial suit, the respondent has made false/contradictory statements in the WS. This was proved from her evidence given in a criminal case u/s 498 and u/s125 Cr.P.C. Now is it possible to file application in magistrate court where she gave false evidence, praying to ask permission to prosecute her for making false statements?


 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 January 2019

yes. You can do that.Submit a copy of evidendence which is given in criminal cases.

prabir   04 January 2019

Thank you for your reply. I will do that. I just wanted to know, as the evidence is already with the criminal court, do I have to re-submit all the evidences in the same court? 

R Trivedi (advocate.dma@gmail.com)     05 January 2019

Don't jump now. During her cross examination confront her and after that file application under S.340 CrPC.

R Trivedi (advocate.dma@gmail.com)     05 January 2019

Don't jump now. During her cross examination confront her and after that file application under S.340 CrPC.

prabir   05 January 2019

I was asking about taking  permission in the Magistrate court where she gave evidence, to proosecute her for making false statemeent in the pleading of WS..

prabir   05 January 2019

I was asking about taking  permission in the Magistrate court where she gave false evidence, to prosecute her for making false statements in the pleading of Written Statement.

R Trivedi (advocate.dma@gmail.com)     06 January 2019

It appears you are party in both the cases. Pl note you can file S.340 CrPC application in civil suits also, but the best approach is to wait till cross examination in either case and confront intelligently during cross examination and then move.

R Trivedi (advocate.dma@gmail.com)     06 January 2019

It appears you are party in both the cases. Pl note you can file S.340 CrPC application in civil suits also, but the best approach is to wait till cross examination in either case and confront intelligently during cross examination and then move.

prabir   06 January 2019

Thank you for your reply. My concern is what if she does not turn up for cross-examination since she knows she has given false evidence regarding the same matter in the criminal case.  My question was whether to file a petition in the JM court where she gave false evidence and take permission (leave) to prosecute her u/s 340, for making false statements in the pleading of Written statement.


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