PERJURY

Querist : Anonymous (Querist) 13 November 2010 This query is : Resolved
DOES THE PERSON AGAINST WHOM AN APPLICATION U/S 340 Cr PC IS PREFERRED.DOES SUCH PERSON HAS NAY
LOCUS STANDI TO PARTICIPATE IN THIS MISC APPLICATION EVEN BEFORE ANY PRELIMINARY ENQUIRY HAS NOT BEEN CONDUCTED.
that person is summoned to file reply--is it the correct procedure.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 13 November 2010
He has primary Locus standi , otherwise how the enquiry will be conducted0

s.subramanian (Expert) 13 November 2010
Yes.

Advocate. Arunagiri (Expert) 13 November 2010
The person against whom the 340 cr.p.c. inquiry is conducted, is not having any right to be heard in the inquiry.

He is having the right of appeal u/s 341 cr.p.c. or he can face the trial if any.

Kirti Kar Tripathi (Expert) 14 November 2010
yes, i agree with Arun. in preliminary inquiry he has no right.

Querist : Anonymous (Querist) 14 November 2010
thanks to u all for ur precious advice.
but relying on sc citation pritesh vs stat of maharashtra 2002 arun sir and kirti kar seems opinion more more relevant,
and as of also his participation would mean same as calling the say of accused by police before filing of f.i.r.

DEFENSE ADVOCATE.-firmaction@g (Expert) 15 November 2010
All those who agree pl explain how enquiry will be conduted without participation of opponent of 340 application.

Any actual case not necessary case law.

Advocate. Arunagiri (Expert) 05 December 2010
S.340 cr.p.c is only a inquiry for criminal contempt of court. This inquiry is like inquiry u/s 202 cr.p.c. In both the sections the prospective accused should not be called before making the complaint.
The prospective accused will get his chance once the 340 cr.p.c. petition is allowed. At this stage the (now) accused is having the choice of appeal u/s 341 or to face the trail to prove his innocence.

I have handled few cases. My case is that the I/O filed a false report before the MM. I have filed a 340 cr.p.c. petition, The same was heard without ordering notice to the other side. But, my petition was dismissed. I have filed a appeal u/s 341 cr.p.c. here the sessions court ordered notice to the other side mechanically without noticing the SC citation. Still it is pending in the FTC.

Querist : Anonymous (Querist) 05 December 2010
sir,
340 no notice is necesary ,no locus standi to other side.
but 341 notice to other side is mandatory and without hearing him matter would not proceed.
adv .NILESH RATHI

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