Order 8 rule 2
Mrahi
(Querist) 20 February 2013
This query is : Resolved
I'm fighting civil case, i have brought fraud/false/misleading information before Hon'ble court given on oath/affidavit. Perjury had been filed boz of that. Opponent had given "no say" on Perjury proceeding. Thereafter, Perjury proceeding had been in cold storage. Written order of Hon'ble Judge sayig that "Jr. advocate states that he has no say for perjury". Hon'ble court is reluctant to initiate criminal proceedings now and i'm getting tarik -pe-tarik.
Someone had suggested me to file application under order 8 rule 2.
What impact it will have? and what will be action on perjury application ?
Devajyoti Barman
(Expert) 20 February 2013
If you think that your petition for perjury has merit then challenge the order of the court in the high court in revision.
Mrahi
(Querist) 20 February 2013
The petition have merits and certified documentary evidence had been submitted in court.But the problem is that, Honble judge have kept it pending without moving forward. She is not giving order on perjury.
Kiran Kumar
(Expert) 20 February 2013
O. 8 R. 2 has no relevancy here.
Wait for the orders of the court.
However, you may contemplate action under Criminal Law as well if advised by your local lawyer after carefully examining the records of your case.
Nadeem Qureshi
(Expert) 20 February 2013
Dear Querist
When the court has been initiated proceeding and you want to fats order then file a writ petition before high court for speedy justice u/s 482 or Article 226 of Indian Constitution.
if the magistrate pass an order against you, or dismiss your application/complaint u/s 340 of Crpc you have right to file an appeal before appellate court u/s 341 of Cr.PC
341. Appeal.
(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub- section (1) or sub- section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub- section (4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.
Feel free to Call
Mrahi
(Querist) 21 February 2013
Thanks for suggesttion
