Summoning records from a govt. dept in a appeal u/s 340 crpc
MSC Shekar
(Querist) 10 August 2011
This query is : Resolved
I have filed a 340 CrPC application in a Civil Suit following Fraud and Perjury committed by Registration Department in a Partition Suit in a Senior Civil Judge Court. The said Registration has become ExParte in the 340 CrPC application.
This 340 CrPC application was dismissed by the said court for want of prima facie evidence as I have only theoritically proved my point.
Further the Basic Document on which the suit was based is invalid and not negotiable as it Does not have any Link Documents mentioned in it. The Registration Department has not contested the allegation of mine. Even after bringing to the notice of the Hon'ble court. The 340 CrPC application was dismissed.
Now I am preferring Appeal U/s 341 CrPC in a Additional Chief Judge Court.
The problem is that to provide a prima facie evidence to my appeal I need to summon a particular Record from the Registration Department.
Hence my question here is that : Can we Summon Records from Registration Department as evidence in a Appeal U/s 341 CrPC in the Additional Chief Judge Court ?
Thanks in advance.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 August 2011
You have route of appeal / revision and than only if you succeed 340 or 341 will be maintainable.
Raj Kumar Makkad
(Expert) 10 August 2011
The required record can be summonned for the purpose of evidence during pending appeal filed under section 341 Cr. PC.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 August 2011
Every party who looses claims fraud so if applications under 340 and thereafter appeal under 341 are allowed , courts will have no other work.
Whenever the other route is available such as appeal or revision no perjury admissible.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 August 2011
Reference citation :-
SUPREME COURT OF INDIA.
Cri appeal no= 482 of 2005 decided on 11.03.2005.
When fraud is committed CUSTODIA LEGIS that is during the proceedings in the court than only section 340 is attracted otherwise not.
