Criminal Procedure Code, 1973, Section 340 -- False affidavit - No iota of evidence in reply to application about filing of false affidavit - Filing of wrong affidavit was not intentional - Moreover, there were number of FIRs registered against petitioner for which petitioner was called - Regarding any other act cause of action would not be to file a petition u/s 340..........
Criminal Procedure Code, 1973, Section 340, Family Courts Act, 1984, Section 19(1) -- Order rejecting application u/s 340 Cr.P.C - Appeal u/s 19(1) of Family Courts Act is maintainable and appeal filed under provisions of Cr.P.C or BNSS would not be maintainable in view of non-obstante clause as per S.19(1) of Family Courts Act...........
Criminal Procedure Code, 1973, Section 482, 341, 340 -- Petition u/s 482 Cr.P.C - Maintainability - Complaint filed as per order passed u/s 340 Cr.P.C - When petitioner has a right to file appeal u/s 341 Cr.P.C, Court need not entertain the petition u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Every incorrect or false statement does not make it incumbent on the Court to order prosecution...........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195, 196, 467, 471, 120B -- Perjury - Prosecution has failed to prove that accused have intentionally fabricated the record and conspired with one another in order to secure conviction of three persons - Even, there is no material on record to suggest that accused have mis-guided the Court and..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Preliminary inquiry - When in the opinion of Court there is enough material to initiate proceedings, there is no need to conduct preliminary inquiry...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - No statutory requirement that Court should give opportunity of hearing to accused before filing a complaint nor it is necessary that a preliminary inquiry is to be held mandatorily...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Once an opinion has been formed with regard to offence having been committed u/s 340 Cr.P.C, Court needs to make a complaint in writing and the same has to be sent to a Magistrate of competent jurisdiction - Magistrate has to deal with such a complaint u/s 343 Cr.P.C as if it was instituted as a police report...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Petitioner intentionally made a false statement on oath before a Court of law - Merely because no preliminary inquiry was conducted it would not in any manner vitiate the trial - Since petitioner belongs to lower strata of society and his whole family is dependent upon him, sentence awarded to him is reduced to S.I of..........
