Complaint u/s340 cr.p.c for false evidence
Advocate.S.A.Siddiq
(Querist) 01 May 2012
This query is : Resolved
Party falsely claim the rights of other person, filed before PDJ Court -false affidavit, petition and deposition etc..
Now right person came to know this fraud and false claiming. He filed petition u/s 340 Cr.P.c for charging the offence u/s 193,194 r/w 191 and 200 IPC before PDJ
What is the judicial procedure ?
Devajyoti Barman
(Expert) 01 May 2012
The court where the petition u/s 340 crpc is filed is duty bound to send the petition to the competent Magistrate to make inquiry and then take cognizance of the same.
ajay sethi
(Expert) 01 May 2012
agree with mr barman
MohammedRaffiq Bijapur
(Expert) 01 May 2012
Brother Siddiqi,
Chapter XXVI of CrPC is very much clear as regards the procedure affecting the administration of justice, Pls have a look over it.
AMAR RANU
(Expert) 02 May 2012
The concerned court wherein the said offence has taken place,would make inquiry by serving notice to all concerned, as per procedure laid down in section 340 of Crpc.
If proved,the said court itself will lodge complaint before trial court and trial under aforesaid sections will be conducted as per trial procedure and order will be pronounced by the said trial court.
The detailed inquiry is a must and findings to be recorded before lodging a complaint to trial court.
No court is duty bound to lodge a complaint under section 340 without following the aforesaid detailed procedure as laid down in section 340 of Crpc.
Shonee Kapoor
(Expert) 03 May 2012
The court would need to follow the process of recording a finding about the perjury before forwarding it to competent magistrate.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
