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Harish Kumar (Owner)     08 August 2012

Section 340 of cr.p.c

B filed a case against A under section 420/408 of IPC and asked the court to restrict the foreign visit of A and punish him. A has submitted an affidavit that he will not go without permission. On this basis, court has granted a bail to A. Now A has filed an application for permission and as an evidence he has submitted an itenary but my mistake he has submitted an itenary which was made by him but he did so wthout any malafied intention. by realising his mistake immediatey A has filed an afiidavit accepting his fault and asked sorry for the same and also filed a genuine itenary. After that court has rejected his permission application. Now B has filed a case by using section 340 of Cr.P.C. Can B do this?

Please advise. Ravindra



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 2 Replies

surjit singh (Assistant)     08 August 2012

The law of equity says court help those who comes with a clean hand, Mr A has himself apolige before the court and as such Mr B filing an application u/s 340 CrPC does not have a strong base.

Harish Kumar (Owner)     09 August 2012

thanks sir, Please forward me any judgement based on this.

Rgrds Ravindra


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