340 crpc
rajesh kumar
(Querist) 28 December 2015
This query is : Resolved
i am facing two cases, first for DV and another in Family court for 125 Crpc.
and i have instituted a case under 340 Crpc in the Court, where DV case is going on.
now just want to know, can i file another 340 Crpc case in Family Court also for some false statements by the complainant.
OR only one case is allowed?
Devajyoti Barman
(Expert) 28 December 2015
Yes, each 340 crpc proceeding lies for each false statements in another proceeding.
Rajendra K Goyal
(Expert) 29 December 2015
Agree with the expert Devajyoti Barman.
dev kapoor
(Expert) 29 December 2015
Hi Rajesh,
It would be profitable to go through the following excerpt from Apex Court Judgment-
Pritish Vs.State of Maharashtra reported at (2002) 1 Supreme Court Cases 253. The Supreme Court observed as under:-
"The Court at the stage envisaged in Section 340 is not deciding the guilt or innocence of the party against whom proceedings are to be taken before the Magistrate. At that stage the Court only considers whether it is expedient in the interest of justice that an inquiry should be made into any offence affecting administration of justice."
Reference may also be made to the decision of the Supreme Court in B.K.Gupta Vs.Damodar H.Bajaj reported at (2001) 9 Supreme Court Cases 742. The Supreme Court observed as under:-
"There are two conditions on fulfilment of which a complaint can be filed against a person, who has given a false affidavit or evidence in a proceeding before a Court. Firstly, that a person has given a false affidavit in a proceeding before the Court and, secondly, in the opinion of the Court it is expedient in the interest of justice to make an enquiry against such a person in relation to the offence committed by him.
In the present case, the High Court has recorded a finding that the appellant has made a false statement on oath and has also used evidence known to be false and fabricated. But there is no material on record to show that the Court applied its mind regarding the second condition as to whether it was expedient in the interest of justice to make an enquiry into the false evidence given by the appellant and a complaint was to be filed. In the absence of application of mind in that regard, the order passed by the High Court directing the Prothonotary and Senior Master of the High Court to file a complaint against the appellant was vitiated......."
