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can i file 340 r/w 195 in criminal case

engineer

Hi, 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.
 
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engineer

Hi,

 

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.
 

 
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08010117611

The application u/s 340 r/w 195 Crpc is maintainable in the court when the evidence completed and found to be false by court or the proceeding in which the evidence has been given completed. Meanwhile it is not maintainable.

one more thing if any document is false then you can file a complaint u/s 468-471 IPC in the same court.

When a docuemnt file in a case and forged thereafter i.e. in court file then it call the prosecution u/s 340 r/w 195 CrPC. it is called custodia legis.  If document forged out side the court then a complaint u/s 468-471 IPC can be filed. 

 
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Advocate

I agree with kapoor deepak. In short you can file 340 crpc application in criminal case.

 
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engineer

Hi,

Can I file application under section 340 CrPC read with section 195 of CrPC for the false information given to police which is then palced in court on which court took failed to discharge me from criminal case.

In this case court did not dischagre me from the criminal case taking the ground that witness statements are considered while not discharging the accused.

This approves that the witnesses statements are considered by the court.

 
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advocate

the above view is totally wrong... section 195 rw 340 cannot be made at this stage...

 
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if u have field the 340  Cr.P.C read with the complaint under section 195 I.P.C after the evidence and the said person had admitted the same the court suo - moto will consider to take the action directing the concerned official be tried for adducing false evidence during the course of judicial proceedings upon the complaint of the court.  

 
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