1) perjury application has to be decided SEPARATELY (i.e. neither first nor at the last)
ruling -
(a) Kenneth Desa s/o Late John Desa vs Gopal s/o Leeladhar Narang, (Bombay HC)
provisions - civil manual chapter 19 & criminal manual chapter xxx
perjury application has to be decided SEPARATELY.
it can NOT be decided along with the main case - may be civil / criminal.
i wonder how the provisions of civil manual chapter 19 and criminal manual chapter xxx are ignored frequently.
2) application u/s crpc 340 + 195 is NOT the ONLY remedy
ruling -
(a) A. R. Antulay vs Ramdas Sriniwas Nayak And Another on 16 February, 1984 - SC
(b) Shriram Krishnappa Asegaonkar vs State Of Maharashtra And Anr. on 24 July, 1986 - Bombay HC
if one is caught in the offense of perjury, crpc 340 + 195 is NOT the ONLY remedy.
private complaint u/s IPC 417 can be filed SEPARATELY for cheating the hon. court
so anybody can set criminal law in motion r/w the provisions of crpc. 195 to 199.
3) ipc 211 private complaint can be filed WITHOUT WAITING if someone gives false complaint against you
ruling -
(a) M. L. Sethi vs R. P. Kapur & Anr on 23 September, 1966 - SC
BEFORE concluding the false 498a case, husband can file ipc 211 against wife if she files FALSE 498a
and apart from 498a, this is applicable to ALL the sections of the IPC .
no need to wait till court gives final verdict in 498a case.
only care to be taken is -
* private complaint u/s ipc 211 has to be filed BEFORE police files charge sheet in court u/s crpc 173
* private complaint u/s ipc 211 has to be filed BEFORE u approach any court for Anticipatory Bail.
read very carefully & understand - imp. points highlighted in attachments
