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CRPC 340 Prejury
CRPC 340 Prejury
CRPC 340 Prejury

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CrPC 340 procedure cannot be bypassed by trial court
25 Feb
2010
by videv 6 Comments
This Punjab and Haryana High court judgment says that if an application under CrPC
340 is moved (for filing false affidavit in this case), then the court must
undertake the procedure for CrPC 340 in disposing that application. It was not
correct on part of trial court to refer cursorily to the mentioned fact of false
affidavit in judgment, and thus dismissing the CrPC 340 application by being silent
on the issue.
So the takeaway for people facing false 498a and maintenance cases is to go for
perjury application under CrPC 340 if you have good evidence like false affidavit,
wrongly mentioned fact about not-working, wrong salary mentioned etc.
——————————————————————————–
http://www.indiankanoon.org/doc/1512317/
CRA No. 197 SB of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRA No. 197 SB of 2010 (O&M)
This appeal is directed against the order dated 5.12.2008 Annexure P-1 passed by
the court of learned Civil Judge (Senior Division) Saheed Bhagat Singh Nagar vide
which he allowed the petition moved under Section 9 of the Hindu Marriage Act, for
restitution of conjugal rights leaving the parties to bear their own costs and
rejected the application moved under Section 195/340 Cr.P.C.
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I have heard the learned counsel for the appellant, besides perusing the record
with due care and circumspection. The learned counsel for the appellant has
submitted with great eloquence that after the respondent admitted in her cross-
examination about her employment, salary and inheritance
of the landed property, she again placed on record another affidavit dated
27.8.2008 solemnly affirming therein that she had inadvertently not mentioned about
the source of income as well as employment in the earlier affidavit dated
14.8.2008. Thereafter the appellant moved an application under Section 195 of
Cr.P.C. for initiating proceedings against the respondent for submitting a
false affidavit CRA No. 197 SB of 2010 (O&M) 2 before the learned trial Court, in
order to get more maintenance from the appellant. The learned trial Court had
assured the appellant that his said application shall be decided alongwith the main
case. While deciding the main petition, in paragraph No. 13 of the judgment it has
been observed that “in support of her claim for interim maintenance under Section
24 of the Hindu Marriage Act, the
respondent/applicant had made certain assertions, which were found to be totally
false and the same had apparently been done by her in a deliberate manner.
Consequently even an application for initiating suitable proceedings against her on
account of her having submitted a false affidavit was also filed
by the petitioner on 3.9.2008. Thereafter, the respondent did not press her claim
for interim maintenance, but the same did not absolve her of the liability of the
aforesaid lapse. This court, however, does not wish to initiate any such
proceedings against the respondent with the hope that sooner or later, the parties
may be in a position to resolve their dispute or else this young couple may adopt
such other means so that they can part their ways
in a peaceful manner and therefore, with a view to avoid undue complication of the
matrimonial dispute, no action on account of submitting of the above false
affidavit etc. is being initiated against the respondent.”
CRA No. 197 SB of 2010 (O&M) 3 I have given a deep and thoughtful
consideration to these submissions.
(d) take sufficient security for the appearance of the accused before
such Magistrate, or if the alleged offence is non- bailable and the Court
thinks it necessary so to do, send the accused in custody to such Magistrate;
and (e) bind over any person to appear and give evidence before such
Magistrate.
A glance through the impugned order would reveal that the learned
trial Court has given a go by to the provisions of Section 340 Cr.P.C. The
approach adopted by the learned trial Court is unwholesome and is depreciable.
The impugned order is absolutely silent as to whether the application has been
dismissed or allowed, if so for which reasons. In consequence of the preceding
discussion the trial Court is directed to decide the application under discussion
in accordance with law. This appeal stands disposed of accordingly.
(HARBANS LAL)
JUDGE
RSK
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Filed Under: Uncategorized
Tagged With: CrPC 340
COMMENTS
Reply
VINAY K PHULPAGAR says
April 8, 2015 at 10:59 pm
Respected sir ,
Recently i am submitting Perjury again my wife in section 191 & 195 ,in crpc340 .
Perjury is very strong because she told in oath she is not working & i am submitted
PF detail from 2009 to 2014 march.she claimed interim from 2012 November.Rs 1500
per month. recent i loose my job also , i said to judge but judge waiting for his
Say(reply)
Now question is If perjury is strong then why judge waiting for say . give me a
concrit judgement emideat stop interim & through the file in dustbin.
Reply
videv says
April 9, 2015 at 9:41 am
I can’t say about the specific reason in this case why judge is not giving the
order.
In general, one should remember that men want to be white knights and protector of
women, and judges won’t be immune to that psychology either. It is statistically
proven that women get lesser punishment for same crimes than men. Google it.
Many men themselves who approach us don’t seem to have much desire to pursue the
case to its logical end, they just want a to know “how to get out of these cases”,
maybe because they have hopes of finding another female after their cases are over.
That is also known to the System, which wants to milk husbands to the maximum
extent but will conveniently find multiple ways of not prosecuting the women/wives
for false cases and allegations.
Reply
Gautam says
March 27, 2017 at 9:01 am
Did the case reach logical conclusion. I am stuck in a similar case as it’s. And I
am putting all my strength to get a perjury verdict. It would help me if you could
share the judgement.
Reply
videv says
March 27, 2017 at 12:05 pm
Some SC judgments are here on CrPC 340:
http://bharatlaw.in/search?q=crpc%20340
Reply
Manish says
March 16, 2015 at 12:09 pm
This is very helpful. Thanks a lot.
Your work is really a morale booster..
Regards.
Manish
Reply
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