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Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     13 February 2014

Application u/s 340 crpc.

Hi Friends,

A complainant filed a false affidavit/evidence in his evidence. accused filed application u/s 340 CrPc R/W 191, 192, 209, 211 IPC. But Judge is saying that first i will decide main case after that said application will be considered. Its very strange.

Is is correct on part of Court? If no pl provide with some SC judgement on this issue.

Thanks. 



Learning

 3 Replies

R Trivedi (advocate.dma@gmail.com)     15 February 2014

What is the lie ? Does it require any evidence on your side to prove the lie ?

 

In general courts take up perjury cases at the end, but this is no law, the law is as and when offense took place the aggrieved party (state or complainant) has the right to prosecute under the IPC. Now the point is how do we know that the false evidence is given, so mid trial if you have incontrovertible evidence that he lied, then the case is made out instantly without waiting for the end of trial. For example false evidence is given in civil courts also, then the civil judge has to decide and make the complaint under S.340 CrPC, it cannot wait for a quarter century till civil case is decided.

S K KARNjhc (Legal Adviser)     22 February 2014

I'm quite agree with Mr. Trivedi sir, & Mr. Ashish you have been elaborated perfectly.

SATINDER (INDIVIDUAL)     26 May 2014

Sir, Is it necessary to file application u/s 340 for make false allegation or false complaint before the court where the case is pending or we can file it any other court of jurisdiction where we are living.


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