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Raju (Senior Executive)     20 July 2014

S.340 crpc

I moved application for false evidence against complainant under 340 CRPC. Now the magistrate said he cannot decide this application before the judgement of regular case. regular case is against me of cheque bounce, which is at defense stage. kindly give advise if he is right.


 6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 July 2014

Perjury: - Perjury is a very important tool to fight against false cases. It can be file at any stage at the proceeding of false cases as a counter case in the same courts where the false cases is going on respectively. It should file U/S 340 CrPC read with 195 CrPC. Sometimes, a few corrupted judges do not wish to take this case or wish to delay or wish to take latter. If anyone face this problem then show the following citation to that judge.
(Para 7 & 8)
If that judge still does not wish to take it or try to mislead you then please take the certified copy of all orders, FIR, Charge sheet, etc and file Criminal Writ under Article 227 of Indian Constitution, 483 CrPC, 482 CrPC, 341 CrPC(Appeal on Perjury) and Indian Evidence Act 1872 to CRIMINAL APPELLATE JURISDICTION of the High Court with the said citation.
Another good citation of Perjury is: - CRA No. 197 SB of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
1 Like

Laxmi Kant Joshi (Advocate )     20 July 2014

You can also file perjury case after the decision of regular case .

N.K.Assumi (Advocate)     20 July 2014

Excellent citation by Rocky Smith.

Raju (Senior Executive)     20 July 2014

Rocky Smith Sir, pl can you give me the link for above orders.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 July 2014







MANOJ HARIT (LAWYER)     20 July 2014

Thanks Mr. Rocky. 

The citations are useful.




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