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Reddy Viswanath   30 January 2024

Petition u/s 340

Dear sirs, I am facing maintenance case and it is at cross examination in the next hearing next month. I am willing to file a petition u/s 340 crpc r/w s. 195 crpc after cross examination. 

My advocate is not convinced even after showing case laws and tried explaining him about the above petition. 

My question is 

1. Can i file the petition on my own because it has to be filed separately. 

2. If my petition allowed what is the next step

3. If petition is dismissed, can i go for appeal in sessions Court. 

Thank you stanley sir for sample petition format


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 January 2024

It is not known for what reason you propose to file a petition for perjury.

The prosecution for perjury should be sanctioned by courts only in those cases where the perjury appears to be deliberate and conscious and the conviction is reasonably probable or likely.

The object of Section 340 CrPC is to ascertain whether any offence affecting the administration of justice has been committed in relation to any proceedings before or any document produced/ given in evidence in Court and whether it is also expedient in the interest of justice to take such action.

You can make sure if all the ingredients are satisfied.

It is always advisable that you keep your advocate in touch over all such developments. 

Reddy Viswanath   31 January 2024

Thank you sir, the reason for the perjury case is

1. I have deposited 10 lakhs fds on wife and son. They have withdrawn on 02.2021 after filing 498a case on me and my parents on 11.2020. Mc filed on 11.2022. In the affidavit she is saying that i made her to withdrawn the money to start a business. Which is false. 

2. In affidavit she is saying I have an unconstant mind and i am suffering from brain tumor since before marriage. Which is also false. 

3. Now I am studying 3 year llb final year and she is saying that i am earning rs. 80,000 per month. I have experience letter to prove and llb joining details. 

4. In affidavit she is saying I have around 5 crore property and huge gold and hard cash and also other properties. Which is false. 

She has not attached any of the proofs to the above said points and claiming Rs. 20,000 as maintenance. 

She also tried to kill my son twice to handover those 10 lakhs before making fds. Once she thrown my son from a flyover and she also jumped. No MLC case was filed. My son is alive now. 

Her aadhar is linked with my email id and i am getting mails daily when ever she uses thumb or even facial authentication by the machine deployed in bharathi airtel

Basing on these facts suggest me sir whether I can go for perjury case Or not. The advocate being a localide Or native he knows her uncle very well and not only my advocate that person also knows many lawyers. Because after she filed affidavit my advocate asked for compromise by saying her uncle name. 

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