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Vijay Kapoor
in Family Law Criminal Law
Asked July 19, 2017

False case of domestic violence

  • 1 Answer

Dear All, I am facing a false case of DV Act filed by my wife. In this case, I filed an application of perjury against complainant u/s 195, 191, 193, 199, 209 of IPC read with 340 CrPC. The said application is rejected on the ground that evidence is available against the complainant but 340 CrPC can only be used when "it is expedient in the interest of justice" and Applicant is unable to prove that using 340 CrPc is expedient in this case. My lawyer said that judges do not want to become complainant as per procedure mentioned in section 340 CrPC. So they avoid allowing these applications. Question: Can I file complaint case against my wife u/s 191, 193, 199, 209 of IPC. Please guide.

Answer 1

Sir, the denying of application under Section 340 Cr.Pc has caused grave injustice to you as a major portion of your story has been denied a chance to be tabled before the court. In this regard you may appeal before a High Court under Article 134 of the Constitution proving to the superior court the expedient nature of the application and plead before it to order a reversal of the subordinate court’s rejection of the application under Section 340 and that the petition be carried forth after considering the application.

Agree Comment 0 Agrees over 3 years ago

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