Perjury petiton before family court
Ranganath
(Querist) 14 April 2012
This query is : Resolved
Ld Counsels,
Will a petition under section 340 of CrPC be maintainable before family court even after the petitioner was set exparte. I think perjury petitions can be filed at any stage of the proceedings even after passing exparte orders. Kindly clarify.
In this case no exparte orders are yet passed.
Thanks.
Shonee Kapoor
(Expert) 14 April 2012
No, 340 can be filed during the pendency of the proceedings only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 15 April 2012
Let the suit be restored to the file and then file perjury application.
Once the final order is passed nothing could be done.
Ranganath
(Querist) 15 April 2012
Since perjury is punishable offense even third parties can file applicaiton to initiate prosecution under 340 CrPC, why will there be a limitation that perjury applicaitons can be filed during the course of the proceeding. As long as the records lie with concerned court I think 340 can be filed. It will be helpful if there is any citation that upholds any such limitation.
Raj Kumar Makkad
(Expert) 15 April 2012
ex-parte should be got quashed then such application is duly maintainable. Otherwise also none can file such application if the order in the pending petition is already ex-parte against the proposed applicant.
