Proceeding u/s 340 of crpc
Manoj garg
(Querist) 06 December 2013
This query is : Resolved
1 IN a civil defamation case pros. witness committed perjury in the court deposing contrary to his affidavit under oath.
2 I moved a complaint u/s 340 of CrPC.
3 Court stated that it will look 340 issue after main case is settled.
4 Can I ask the court to proceed over 340 complaint before the main suit.
5 Court told me to site any judgement of delhi high court speaking settlement of 340 complaint prior to main civil suit.
6 Kindly give your opinion.
7 Also provide sitation of any such suit.
Thanks
Manoj
Devajyoti Barman
(Expert) 06 December 2013
Court is wrong. It has nothing to do with the main case.
If the 340 crpc petition has merit then court will have to send it to Magistrate or reject it but can not wait till main case.
Rajendra K Goyal
(Expert) 06 December 2013
If court has decided to keep the prayer u/s 340 pending, take the copy and appeal.