25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Perjury allowed but how to execute (implement)

Page no : 2

Tarachand   03 February 2018

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

Tarachand   03 February 2018

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

R Trivedi (advocate.dma@gmail.com)     04 February 2018

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.

Tarachand   05 February 2018

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

Tarachand   25 April 2018

Sir

Past details :- 

As stated above I had made the application u/s.340(1) of CRPC with prayers therein to prosecute and make complaint in writing u/s.191 and 193 of IPC against the Respondent before C.J.M. 

And the Court allowed my application and issued direction to Registrar to issue Notice to Respondent why perjury u/s.191 and 193 of IPC should not be initiated against him and the said Notice has been served to Respondent but NO Reply from Respondent 


Fresh Application :-

Hence after 90 days I filed a Fresh application u/s.340(3) of CRPC before the same Judge on ground that once this Court had allowed my above application u/s.340(1) therefore it is now just, proper and necessary that this Court directs the Registrar or any other Officer to make complaint in writing before CJM against the Respondent u/s.191 and 193 of IPC 

BUT the same Judge again issued Notice to the Respondent, to which I objected but Judge said that he wants to know whether or not the Respondent had filed any Appeal u/s. 341 of CRPC before the Appellate Authority against his Order 

On last date the Respondent appeared before Court and filed Memo of Appearance and Application seeking time to file SAY

I filed an affidavit that I inquired in Appellate Authority and say that the Respondent has neither filed any Appeal u/s. 341 of CRPC nor I received any summons/notice as such nor the Respondent mentioned thereabout

 
Query

Whether this Judge can allow any arguments on merit of case even after he had already allowed the application ?

Whether the Respondent has any locus standi to file any SAY herein ?

Can I press to make his complaint in writing as above because already the application has been allowed and Notice issued by Registrar is not replied by Respondent.

OR WHAT TO DO TO CUT SHORT THIS UNNECESSARY PROCEDURE STRICTLY AS PER CRPC AND LAW

please guide

regard
HARIOM

Tarachand   25 April 2018

Sir

Past details :-

As stated above I had made the application u/s.340(1) of CRPC with prayers therein to prosecute and make complaint in writing u/s.191 and 193 of IPC against the Respondent before C.J.M.

And the Court allowed my application and issued direction to Registrar to issue Notice to Respondent why perjury u/s.191 and 193 of IPC should not be initiated against him and the said Notice has been served to Respondent but NO Reply from Respondent

 

Fresh Application :-

Hence after 90 days I filed a Fresh application u/s.340(3) of CRPC before the same Judge on ground that once this Court had allowed my above application u/s.340(1) therefore it is now just, proper and necessary that this Court directs the Registrar or any other Officer to make complaint in writing before CJM against the Respondent u/s.191 and 193 of IPC

BUT the same Judge again issued Notice to the Respondent, to which I objected but Judge said that he wants to know whether or not the Respondent had filed any Appeal u/s. 341 of CRPC before the Appellate Authority against his Order

On last date the Respondent appeared before Court and filed Memo of Appearance and Application seeking time to file SAY

I filed an affidavit that I inquired in Appellate Authority and say that the Respondent has neither filed any Appeal u/s. 341 of CRPC nor I received any summons/notice as such nor the Respondent mentioned thereabout

 

Query

Whether this Judge can allow any arguments on merit of case even after he had already allowed the application ?

Whether the Respondent has any locus standi to file any SAY herein ?

Can I press to make his complaint in writing as above because already the application has been allowed and Notice issued by Registrar is not replied by Respondent.

OR WHAT TO DO TO CUT SHORT THIS UNNECESSARY PROCEDURE STRICTLY AS PER CRPC AND LAW

please guide

regard

HARIOM


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query