Shantanu Wavhal (Worker) 20 August 2013

Application for prosecution - maintainability in 1st appeall

I filed HMA sec. 11

Resp. wife lied in Trial court 3 times.

I bought this to the notice of Trial court in my Written Arguments.

I did not file any application for prosecuting her. (as it would have delayed the trial)

Trial court, in its judgement, did not record any findings to this point.

My application allowed – marriage declared null & void.

Wife filed appeal in District Court.

In this appeal case, I filed application to prosecute her for lying in Trial Court.

Opponant lawyer objected wrt. Maintainability of this application.

Is my application for prosecuting the opponant (for lying in Trial Court) is tenable in First appeal ??

Kind request to provide rulings in this regard.

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Shantanu Wavhal (Worker) 21 August 2013

isnt it covered by 340 (2) of Cr.P.C ??

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(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) Record a finding to that effect;

(b) Make a complaint thereof in writing;

(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and

(e) Bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.