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R.SHAH (OFFICE STAFF)     26 July 2011

perjury procedure

hello sir,

my question is how the judge proceed in perjury application, what are the steps judge has to take while inquiring the perjury application of defendant against plaintiff u/s340crpc.

pls. explain me steps which judge will take and how he make inquiry and proceed for writing complaint. also, is there defendant(complainant of perjury application) be examine on oath or not and his examination is required or not u/s 340crpc. 

explain steps from making inquiry to writing complaint.

thanks

 



Learning

 8 Replies

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     26 July 2011

"pls. explain me steps which judge will take and how he make inquiry and proceed for writing complaint. pls. explain me steps which judge will take and how he make inquiry and proceed for writing complaint."

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For writing complaint........ What does it mean?

R.SHAH (OFFICE STAFF)     27 July 2011

writing complaint.............. making compliant.??/

explain the whole procedure of perjury inquiry.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     27 July 2011

First, let it be clear that you or your opponent makes the complaint. Judge does not. Judge may investigate and record findings/analysis. All recordings will ultimately get used to frame judgment.

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PROSECUTION OF PERJURY:
1. Legal obligation to state the truth 
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense: 
(a) The statement is false 
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally. 

R.SHAH (OFFICE STAFF)     28 July 2011

i have already made the application of perjury and for conducting enquiry.

judge has taken this application and order other side to say, on which other party give their say and admission of perjury and appology.

thereafter, judge examine me and took my statement and write it down and read over to me and take signature on it.

is it my examination / statement in oral is required to write it down for perjury application. the court will be the complainant or i will be the complainant in perjury trail before  criminal court.

is this is right procedure and what further steps will follow in this proceedings. pls .explain.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     28 July 2011

I am not a legal expert. So, the answer below may be deficient. But, it may help you in some way. So,........

Step 1: You move an application.

Step 2: Court takes suo moto action or conducts inquiry.  (From your writing, I think court has taken the 2nd option in step-2).

Step-3: If inquiry is held, then it drafts a complaint which notes its findings and one of its officers signs it. This complaint will then be dealt by another magistrate (first class magistrate). - You would only be signing for your statements to that court.

Step -3: Court decides as per law and its provisions.

Since you say opponent has admitted perjury and has applogised, it means that you are through. Await the judgment.

You have invoked Section 340 CPC. Are you fighting 498a or DV case or something related to that?

Before I close, I once again would like to emphasize that I am not a legal expert.

R.SHAH (OFFICE STAFF)     19 October 2011

Hi,

Good News.

on last date judge has passed the order and make draft the complaint u/s199 ipc and wait to send my oppponent notice for making surities and then send to CJM for allocation of case to magistrate court.

In that judge is the complianant and i would be the prosectution witness.

kindly advise,

how long it takes to serve my opponent notice and what if my opponent refuse to take notice and avoid to come to court for taking surities to appear before magistrate court.

R.SHAH (OFFICE STAFF)     28 November 2011

hello, on last week the judge give cash bail to my opponent u/s 199 ipc. and asked them to present before cjm on next date.

Shantanu Wavhal (Worker)     11 February 2012

experts, pl explain ...


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