The complainant and witnesses gave false information to the police and police failed to investigate the case properly and filed the charge sheet. Court gave CC number to the case after taking the cognizance of the offence.
At this stage can accused file application U/s 340 read with 195 on the false information that is given to the court by the complainant and the witnesses throgh the police.
Is this application is maintainable. As per CrPC-195 this kind of application is to be filed by the police but police has different openion that the statements made by the complainant and the witnesses are true. But accused has documentary evidence that show that all the statements that are part of the charge sheet are false. Accused filed application 340 R/w 195 of crPC hoping that application is maintainable.
Whereas court dismissed it saying that there is no sufficient evidence hence application is dismissed. Where before application is dismissed court did not conduct enquiry as per section section 340 of CrPC.
The court dismissed the application after respondent (PP)filed the counter without giving the opertunity to submit that evidence required to the application. Also the application is made such that application itself speak that the allegations are false and the documentary evidences are present at different departments which are not accesible to the accused and are need to be collected by the SHO. Court simply dismissed saying that accused did not submitt those documents.