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Amo (non)     15 December 2012

Perjury in crpc 125 rejected, want to file in high court

Dear All, I wanted to know that under which section of CrPC will I have to file the revision/appeal against the Order of Family Court in HIgh Court u/s 340.

 

The Family Court has decided the CrPC 125 finally without disposing the CrPC 340 application. Then after 3 days the Family court rejected the CrPC 340 application stating that there is no prima facie evidence to hold the preliminary enquiry.

 

Want to know that under what revelant section of CrPC I need to file the case in HIGH COURT??????????



Learning

 5 Replies

Shantanu Wavhal (Worker)     15 December 2012

Then after 3 days the Family court rejected the CrPC 340 application stating that there is no prima facie evidence to hold the preliminary enquiry.

it its true, its useless to approach HC

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 December 2012

Dear Querist

if you had filed application/complaint u/s 340 cr.PC before the court and court held that there is no prima facia case made out for holding enquiry for 340 Cr.PC and you think that this order is not fair you can file an Appeal before Session court if the order passed by magistrate u/s 341 of Cr.PC

 

341. Appeal.

 

(1) Any person on whose application any court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) ofsection 340, or against whom such a complaint has been made by such court, may appeal to the court to which such former court is subordinate within the meaning of sub-section (4) of' section 95, and the superior court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.

 

(2) An order under this section and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.

 Feel Free to Call

rajiv_lodha (zz)     15 December 2012

Yes Sec 341 is the remedy, but practically speaking success is very very rare in these cases. Only benefit is.....opp party is pressurized

Amo (non)     15 December 2012

Thanks Mr. Nadeem Qureshi,

Thanks for the reply but may i know that the Appeal against the Order of Family Court are maintainable only in High Courts????

Because according to famliy courts act section 19. "(1) save as provided in sub-section (2) and notwithstanding anything contained in the CODE OF CIVIL PROCEDURE, 1908 or in the CODE OF CRIMINAL PROCEDURE, 1973 or in any other law, an appeal shall  lie from every judgement  or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law."

So reading this I assume that I need to file the appeal in High Court rather than Session Court....will you pls put some light  on the same????

Amo (non)     29 January 2013

Dear All,

This is to inform u all that I have filled the Revision Application u/s 397 r/w 401 against the Family Courts Order on Perjury; in Bombay High Court's Nagpur Bench on 21st Dec 2012......

 

Till date there is no update on the case...the case status shows 7th Jan 2013 and since then no status updates.....

Today I receive the notice from Family Court u/s 128 CrPC.

What Shld I do in High Court to get Stay....on the proceedings.....

Im fighting Party-In-Person


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