stay on summons on a false evidence

Guest (Querist) 16 December 2010 This query is : Resolved
If a persons managed to take stay over summons issued to him under IPC on the basis of false evidence filed alongwith petition before high court and if we can prove it to be false, can we make an application under sec.340 in the same case or have to file a seperate case against the person ?

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adv. rajeev ( rajoo ) (Expert) 16 December 2010
You could have prayed in the same case to initiate legal proceedings against the person who's evidence was false.

Advocate. Arunagiri (Expert) 16 December 2010
You can file a fresh petition before the HC as Crl.MP..

SAANJAAY GUPTAA (Expert) 16 December 2010
Yes Mr. SKJ is right, put all facts before the learned court at the time of hearing.

s.subramanian (Expert) 16 December 2010
yes. i agree with Mr.skj

Devajyoti Barman (Expert) 18 December 2010
yes

Advocate. Arunagiri (Expert) 18 December 2010
In the hearing the stay may be vacated on knowing the false evidence, but for taking action for giving false evidence separate petition u/s 340 cr.p.c. is needed.

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