DIVYAA (STUDENT) 21 March 2012

Whether filing affidavit is necessary u/s 340 crpc complaint

Whether it is manadatory to file Affidavit alongwith the complaint/application u/s 340 Cr.PC. If someone files an complaint u/s 340 Cr.P.C. without any affidavit or any corroborating evidence ,whether that complaint could be considered as the valid one and the judge could take action on that complaint.

And if the judge takes action on that complaint u/s 340 Cr.PC. (without any evidence and affidavit) and makes a complaint u/s 195 Cr.P.C. to the C.M.M. ,whether that complaint is valid in law or bad in law ?

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4 Replies

Kiran Kumar (Lawyer) 21 March 2012

such a complaint has to be supported by an affidavit.

DIVYAA (STUDENT) 21 March 2012

Thanks Mr.KIRAN KUMAR JEE for your prompt reply.

But if the Trial Magistrate has accepted that application u/s 340 Cr.P.C. (that too without any affidavit and evidence in support) ,whether the same amounts to gross abuse of law or not.

Any case laws in support of the contention would be highly appreciated.

(Guest)

Divyaa Je

there is no provision written in 340 Cr.Pc that affidavit is mandatory with such complaint.

Its treated just like others complaint cases.

Sandeep Naik (Advocate) 05 April 2012

Similar to this querry, my question is >>>>>>>>>>>>>>>>>>

While denying the condonation of delay application in Cri Revision, the accused has made false statement. I filed complaint under Sec. 340 of Cr.Pc. The Court rejected it stating that there is no provision that even before delay is condoned the Sec.340 can be applied. I had to Not Press the application. .................

My question is if I could prove that at the very beginning of the case , the accused is guilty, it will support my case. Guide me when can I file the same application even if I not pressed it now?

( Though Iam advocate, I am a student of the law. I need bettr guidance . Hence this querry)