340CRPC application on 498A when it will listen

Ajay Kumar Reddy (Querist) 23 May 2011 This query is : Resolved
Sir, i have applied 340 crpc on 498A case for false affidavit, flase information, wrong information.
It is at the last stage, all evidence is completed then it is on final argument stage but Judge has told me that he will listen final argument and at the time of final judgment he will decide 340crpc application.
There is any judgement that first 340crpc application must be decide then final argument and then Final judgement.
Please guide me it is very urgent to me becusae judge has given me date for final argument on 31st may.

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Kiran Kumar (Expert) 23 May 2011
if you have a good case and you are in position to prove that the deposition of complainant is false then let the final arguments happen on the complaint.

once you get acquittal the court will certainly start moving on 340 application...read S.340 CrPC carefully, it has its own procedure.

PARTHA P BORBORA (Expert) 23 May 2011
mr. kiran kumar is very correct

Guest (Expert) 23 May 2011
I endorse the opinion of Mr. Kiran Kumar.

Advocate. Arunagiri (Expert) 23 May 2011
340 cr.p.c. petition has nothing to do with the final disposal. It is a different case araised during the pendancy of your main case.

It is the discretion of the court to entertain this petition either after or prior to the final verdict.

DEFENSE ADVOCATE.-firmaction@g (Expert) 24 May 2011
Yes 340 is separate action and normally courts are reluctant to take it if submitted by any of the contesting party.

If you have substance the outcome will help your stand in other matters so go in revision even no order is passed and submit to higher court for direction to lower court to first proceed with and decide the application u/s 340.

M/s. Y-not legal services (Expert) 24 May 2011
Court can decide that whenever as it thinks necessary..

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