Section 340 cr pc
Chandrashekher Tomar
(Querist) 22 April 2016
This query is : Resolved
Dear Sir,
My Opponent has filed a false affidavit in my civil case of recovery, Against which I have filed an application u/s 340 CrPC with complete evidences which are proving his offence. Judge sahib was saying I am not empowered to punishment. Kindly in such case what are the possible outcome. Whether person who filed false affidavit will be punished or ....?
V R SHROFF
(Expert) 22 April 2016
u hv to move criminal court, not civil.
Devajyoti Barman
(Expert) 23 April 2016
If the order is passed in respect of your application u/s 340 crpc then file revision in higer court.
If there is merit in your perjury application then certainly you would get justice from higher court.
P. Venu
(Expert) 23 April 2016
"Judge sahib was saying I am not empowered to punishment."
But the procedure requires that the Court needs act upon the petition. However, it is a matter of fact that Civil Courts reluctant to entertain CrPC 340 petitions.
S.B.adil rahman
(Expert) 23 April 2016
Presiding officer of a court where the act of perjury has been committed is empowered to make inquiry and if the inquiry reveals perjury the is to file a complaint in a court having jurisdiction. As in criminal cases judge if becomes a complainant will also be subjected to cross examination by the advocate of the accused persons so they avoid to face embarrassment. If there is prima facie let it be rejected by the judge and after that you can move the higher court for relief.
