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rohit   09 May 2015

Perjury-crpc 340

Dear Ld. Members,

I have some queries in DV case:

  1. At what stage one can file S.340. WS and affidavit are being filed by Respondent. Complainant has filed complaint with lot of lies which can be proved with evidence.
  2. Which is the best strategy, (a) Filing perjury before IM arguments or in later stage.
  3. I read that IM arguments will be held after court dispose off  S. 340, if filed before.Re:-Court should dispose Perjury or Cr. P.C 340 Application first before proceeding any further or before recording of further evidenceHigh Court of Judicature at Allahabad, Lucknow Bench, Lucknow Writ Petition No. (M/S) of 2002 Syed Nazim Husain vs. The Additional Principal Judge Family Court & another Hon’ble A. Mateen, J.

Please help…….

 



Learning

 8 Replies

Shantanu Wavhal (Worker)     09 May 2015

allahabad HC order is not sustainable.

as per criminal manual, chapter xxx, application u/s 340 has to be registered as a misc. cri. appliction and decide separately.

i.e. neither before nor after ... SEPARATELY = separately.

 

Kenneth Desa s/o Late John Desa x Miss. Maud d/o Late John Desa ... Bbay HC


Attached File : 142945 20150509235644 650314668 criminal manual xxx.pdf,
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  • rohit   10 May 2015

    Thanks alot amitji, so when one can file for S340.

    Shantanu Wavhal (Worker)     30 May 2015

    rohit,

    it can be filed any time.

    moot point is : the application has to be separated from the main case.

    1 Like

    Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     30 May 2015

    @rohit, as per my view:-

     

    (1) Perjury on affidavit needs to be filed immediately (in first available opportunity - alongwith the WS) - I myself filed it alongwith WS to Divorce u/s 13(1)(i-a) filed by my wife. I myself filed WS + Perjury + Order VII Rule 11 + Order X

     

    (2) Perjury regarding Court Record Tampering needs to be filed immediately on knowing about it. If it happens after some dates/months/years then flile it that time. n my case, I filed Perjury before even WS to DVC because there was court record tampering & even the MM had her signs on it.

     

    (3) Regarding a lot of other evidences remember these two situations viz., (a) Civil Case WS, & (b) Criminal Case WS

    (A) CIVIL CASE:- In Civil Case, file almost all of the evidences (hold away some of the trump cards or game changers evidences) - when u hold such evidences MUST MENTION within assertions & also within prayer that, your right to present such trump cards evidences shall be reserved.

    (B) CRIMINAL CASE/ 498A - Do NOT file any evidences here. Just Deny deny & let them beg in your feet to compromise because thru CIVIL CASE they will extract these evidences from u & in criminal case their feet will tremble with passage of time because they will know that perjury filed by u in a criminal case would mean a 5 year jail (conviction) for all those false case filers & witnesses in support thereof.

    (C) DVC - Here I suggest to file WS like in a CIVIL case even though in Delhi it follows the CrPC.

     

    REMEMBER:- Write unclean hands etc within the WS & wait for their rejoinder. After rejoinder you can file perjury or wait for further stages. (after their admission)

    1 Like

    rohit   01 June 2015

    Dear Aturbhai,

    In my DV case

    1. WS filed mentioning that complainant came with unclean hand. Also wrote to give strong evidences where she mentioned fake statement.

    2. Now argument for IM is going to held in next date.

    3. Mine intention is to file perjury on same date and request the court to first dismiss or accept my petition of perjury then move forward for argu,ent for IM.

    Can it be done. If yes then how.

    Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     01 June 2015

    @rohit, you can of course ask that thru an INTERIM APPLICATION before that next date. file that IA through the filing counter instead of giving it to judge.

     

    but as per me it should succeed only if you also put perjury related to IM with strong proofs (strong proofs are those proofs which can't be denied by opp party & for which trial is not reqd)

    kapilshah   01 June 2015

    Dear Atur

    What grounds did you find for filing a Order VII Rule 11 ? Perjury actions cannot be grounds of rejection of plaint. Unless certain procedures are not followed.

    Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     02 June 2015

    within Order VII Rule 11 I presented certain proofs which showed exactly the reverse picture of what she narrated in the plaint


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