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prashanth (employee)     21 June 2014

False evidence and lying under oath in dv case

Hello

My wife has filed a case under 498(a) and DV act last year

The DV case is now being heard at the MMTC traffic court in my city.

My wife, in her petition and 3 Interim Applications under the DV act, has, consistently lied and has given false statements under oath both in writing and orally in front of the Court.

The contradiction has been very apparent and visible to the court. I also have proper, legal and documented proof that point out that she has been lying and the truth is different.

In the last hearing, I tried to file a Interim application under Crpc 191 and 193 for perjury. The Judge told me that he is aware of the lies and told me that he would himself (read Court) as a complainant file a perjury with the Magistrate Court during the time of Judgement.

My attorney and I argued that in the interest of Natural Justice and to keep the administration of justice clear and clean, should accept my IA

The Judge told me that the MMTC court does not have the jurisdiction to take up any case of perjury and directed us orally to file the same in a ACMM court or a Higher Court.

 

My question to this Forum is the following:

1.       Have I filed under the wrong sections of the Crpc or should I have kept it open to the Court- Assist the Court to expose the perjury

2.       Does the MMTC court have powers to take cognizance of the said perjury?

3.       When I requested the Judge to reject my application, he orally asked me to file a case or PCR in a ACMM or higher Court. IS he right in doing so?

4.       As the perjury has taken place in his Court, is there any way or statute or citation that can be produced to his satisfaction to this effect that he can indeed take cognizance of the said perjury?

5.       How is section crpc 195 and 340 relevant to this case and how can I ask the Judge to take cognizance of the same perjury.

 

6.       Is there any other option to demonstrate the Court that perjury has indeed taken place in a very serious manner that include financial, legal and all other subject matters.

 

Please HELPPPPPP

 

regards



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     22 June 2014

You can file a petition under 340 crpc and then court will take cognizance of that complaint and will do the needful, for committing perjury. Only upon writing the court will take cognizance, it can take suo moto cognizance, but  it is better we do the filing. If it gets rejected u can file appeal under 341 crpc.

prashanth (employee)     22 June 2014

Thank you Mr Raghavan. I shall follow it up tomorrow

T. Kalaiselvan, Advocate (Advocate)     25 June 2014

Rightly advised by learned advocate Mr. Raghavan on the issue. The court may also take up the matter suo motu u/s 195 but it is better you file a petition u/s 340 Cr.P.C.

prashanth (employee)     25 June 2014

Sir. Mr Raghavan and Mr kalaiselvan. Am grateful to you for such timely help. The Hon Judge accepted my application and posted it to be heard in the next regular hearing. One more question sirs. Can I request the court to hear and dispose of the IA of perjury before taking up her petition now as this is in regards to the central issue of her case. This is as per the ruling of the Allahabad High Court that the application of perjury has to be decided first as it matters to the core or basis of the case. Are there any other citations like this sir. Gratefully yours Prashanth

G. ARAVINTHAN (Legal Consultant / Solicitor)     30 July 2014

file application under Section 340 of Criminal Procedure COde for punishing them for Perjury


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