340 cr pc application in criminal revision
Rajan Kaushal
(Querist) 06 November 2012
This query is : Resolved
In a Criminal Revision against issue of summons to the accused in a private complaint case, the revisioner has made inter-alia the following false statements on material facts:
1) That the earlier application under 482 to High Court was withdrawn on technical grounds and the High Court was pleased to grant the liberty to file the present application before ASJ. Whereas the High Court is " Dismissed as Withdrawn" and no such liberty was given.
2) That the revisioner came to know about the summons on 4th October whereas he had filed the aforesaid application u/s 482 in HC on 20th September i.e. 14 days prior and sought condonation of delay on this ground and as per the court records that summons were delivered on 29th August i.e. 34-35 days before 4th October.(It is material for condomnation of delay)
3) That there were two accused in the complaint whereas there were three(It is material that one of the accused names were skipped in the first summoning order and later his name was added after application u/s 362 was made to the MM.)
Whether a 340 Cr PC apllication would lie againt the revisioner in the Criminal Revision ?
If not why?
My contention is that the proceeding of criminal revision are court proceedings and the statements made on oath being false, the court can take congnizance of the offence.
Please reply with Case law is possible...
Devajyoti Barman
(Expert) 06 November 2012
If the Revision is supported by affidavit.
If yes then file petition u/s 340 cpc.
Rajan Kaushal
(Querist) 06 November 2012
Many thanks for your quick response!
Yes! it is supported by Affidavit and the application for condonation of delay as well. The application u/s 340 Cr. PC has been filed but ASJ is of the view that in Criminal Revision 340 Cr PC will not lie and it is not even taken in any of the order. I have obtained certified copies of the same, if required, I am planning to prefer appeal u/s 341 Cr PC. Please advise with case law is any!
Regards
