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KNK A Learner (Learning to share)     28 February 2012

Judge not accepting purjury rejecting orally

Hi,

I tried to file perjury in MC Case and First Class Magistrate Judge is orally rejecting the application and asking us to file a private complaint. Can i appeal to the District Judge under 341 Crpc

What would be the procedure for filing appeal?

Thanks.



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 February 2012

Instead of going for an appeal file a private complaint.  Filing an appeal is wasting of time.  Who knows what order you would get in an appeal.

KNK A Learner (Learning to share)     28 February 2012

private complaint are barred under section 195 CRPC in case of perjury. Still can file private complaint?

Shantilal Pandya ( Advocate)     28 February 2012

yuo should  state the  facts  constituting purjury by the  accused ,  it is for the court to  file  complaint if  the  case is primafacie made out  

Shantilal Pandya ( Advocate)     28 February 2012

Originally posted by :Shantilal Pandya
"
you  should  state the  facts  constituting purjury by the  accused ,  it is for the court to  file  complaint if  the  case is primafacie made out  
"
1 Like

H. S. Thukral (Lawyer)     28 February 2012

The order is appealable.

1 Like

KNK A Learner (Learning to share)     28 February 2012

Judge Not even looking at the Application and not accepting, Just rejected

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 February 2012

This the problem every where since if the application is allowed the court has to make complaint, more over most of the perjury cases are maintainable  AB INITIO.

 

Still if you are serious take help of an advocate and prepare a case u/s 340 and file as an independent case.And if you have staying power you can take it upto SC.

In substance it it harrassment tactic for the opponent if you can play your cards properly. Starting from take help of an advocate to file it. You can file it IN PERSON but  than it will not be taken seriously. Even appeals will be dismissed on admission.

1 Like

rajiv_lodha (zz)     28 February 2012

Yes, Sec 195 mars the 340 party!

Most of the courts are reluctant to proceed with 340, judge has ample discretionary powers in these proceedings...........appeals (341) too have same fate!:(

rajiv

1 Like

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