Model format of application u/s 340 crpc

dear frnd better seek help of some local lawyer in this regard,

340 matter is to be drafted with utmost care.

@ author.....i agree with the above ...but even though  please find below a sample format you have to be familiar with the section under IPC 191 upto 195 and also with CRPC  this is just for your reference the matter depends and varies on case to case basis and should be filled in a similar  format . After seeing this format i hope your mental depression has faded away . all the best . in your fight for justice . 

BEFORE THE HON’BLE  ………          AT……

                                                                                                   . M.A. No.  x/2012

Mrs. ……………………                                                           ---Applicant

       V/S

Mr. ………………………                                                         ---Opponent

                                                                                                   APPLICATION FILED U/S 191 & 195 OF IPC. READ WITH 340, 250, 357 OF Cr. PC.

 Application filed on behalf of Opponent is as under:

1. That the applicant has filed above mentioned application under ………….. of the Act.

2.  …………………………………………………………………………………………………………………………

3. That  this Opponent says that the applicant has deposed falsely from para x to XXX under affidivat .

4. As per Section 191 of IPC if someone being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false and which  she either knows or believes to be false or does not believe to be true is said to give false evidence. 

5. As per Section 195 of IPC if someone gives or fabricates false evidence intending thereby to cause ,or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life ,or imprisonment for a term of seven years or upward, shall be punished as a person convicted of that offence would be liable to be punished.  

So the applicant be prosecuted, tried and penalized under section 340 of Cr. PC.

6. As the applicant has filed false complaint against the Opponent, Opponent has to secure his presence before Hon’ble Court on each and every date .He has to face false trial pass through great hardship under such circumstances the applicant has enjoyed all the proceedings and wasted the precious time of Hon’ble Court.

7. The Opponent further says that the applicant has harassed him by filing false application and evidences so she may be directed to pay the compensation as per Section 250 and 357 of Crpc to the Opponent.

It is therefore prayed that:

1. The applicant may kindly be prosecuted and tried and punished as per section 195 of IPC 340 of Cr. PC.

2. The applicant may kindly be directed to pay compensation of Rs XXXXXXXX to the Opponent

3. Any other just and equitable order in the interest of justice be kindly be passed                 

Place  

Date:                                                        Opponent

there is no modal format. it is the easiest thing on this earth. just write down everything in a straight forward manner. sec 195 and 340 crpc have to be read together.

Thanks, Expert Stanley for positive helpful relief to trhe querist !

Hello,

Its a great Assistant in a Positive Spirit. Thank you So much. Infact, your resolution has helped me too. 

I have a case from Charity Commissioners office, that the Applicants have falsly filed Relief under Interim Injuntion u/s 41/E of BPT 1950 in the Year February 2017 with the affidavit. This was dismissed by the Joint Charity Commissioner, Pune stating that the Applicant does not have any right to obligate the opponent that the Opponent is the rightful trustee of the property. 

Today, being so delayed, is there any possibilty that the 340 IPC pattern will remain constructive.

Regards,

Vikas Waghmare

7030875522

I had filed application u/s 340 crpc in d/v case.  mm refused to make a complaint. I want to file /sappeal as provided u/s 341 CRPC TO SESSIONS.  CAN ANYBODY GIVE A SKELETON / ESSENTIALS OF APPLICATION U/S 341. 

Shall be much thankful. I am a lawyer but not so much conversant with family matter.

For drafting an appeal u/s 341, the impugned order u/s 340 has to be seen as to on what basis has the MM diosmissed / rejected 340 application ?

Jai Shree RAm !

thank you for the prompt reply