Intimation to the wife is proper compliance of Husband, through whats app, mail notice can be complied.
Request court to get the notice complied through area SP.
Perjury allowed but how to execute (implement)
Sirs/ Mams Respondent committed offence u/s. 191 and 193 of I.P.C. by filling affidavit with false statements therein during judicial proceedings before the Court. Hence Complainant filed an application u/s. 340 and 195 of Cr. PC to prosecute Respondent before that Court and the Judge passed Order which reads as under :- In view of the above I am inclined to allow the said application, in terms of the following Order :- The Registrar to issue a notice u/sec. 191 & 193 of I.P.C. to the Respondent as why no perjury proceedings should be initiated against him. Application is disposes of accordingly Note :- After passing the aforesaid Order, the same Judge got regular promotion and transferred to other place Thereafter the Registrar sent Notice to Respondent’s known Residential address through concerned Police and Wife of the Respondent received Notice with following remarks in Hindi : Mein usaki patni hoon aur mere Pati Delhi gaye hue hai aur jaise hi wo ayenge me ye Notice unako de dungi But After 62 days, the Registrar issued 2nd Notice and again wife of the Respondent received Notice with same aforesaid remarks in Hindi Now further 65 days have passed Complainant went to Chamber of Honourable P.D.J. and drawn his attention to prosecute the Respondent by directing Registrar to file Respondent’s Complaint before C.J.M. But Hon'ble P.D.J. directed the Complainant again to the same Registrar and the Registrar told him to make proper application before same in-charge Court What should he do Guide HARIOM
Asked 6 years ago in Criminal Law
Religion: Hindu
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Well, service of summons or court notice is considered to be the completed service if any of his agent or close relative accepts the same.
So un eye of law the notice is already served to the opposite party and hence no more service is required.
So file an affidavit seeking issuance of warrant of arrest for default of his appearance.
If your prayer is rejected then file revisional application before the high court.
You should make application to court to direct registrar to file complaint before CJM
2) enclose copy of earlier orders passed by court
3) mention that 2 notices have been served to respondent and duly received by his wife
Sir, I fully agree with Shri Ajay Sethi BUT Because my Cri. Misc Application (application u/s. 340 of Cr P C) has been disposed off with Order "to send Perjury Notice to Respondent" as stated above. Hence now, in which manner should I make application before in-charge- Court with prayers to file a Complaint of Respondent before C.J.M. Querry (1) Should I file Cri Misc. Application or simple application or what ? (2) And under which provisions of Cr. P.C. again u/s 340 of Cr. P.C. or what ? Plz Guide HARIOM
Asked 6 years ago
You should take out miscellaneous applicationto direct registrar to comply with court orders
A simple application supported by affidavit without any reference of any section is enough to deal with the situation.
Complainant went to Chamber of Honourable P.D.J. and drawn his attention to prosecute the Respondent by directing Registrar to file Respondent’s Complaint before C.J.M.
But Hon'ble P.D.J. directed the Complainant again to the same Registrar and the Registrar told him to make proper application before same in-charge Court
What should he do
He has to file a petition before the same court seeking to direct the registrar to file a complaint before CJM for issuing a warrant to arrest the respondent especially when there is a proof for satisfactory service of summons to the respondent.
(1) Should I file Cri Misc. Application or simple application or what ?
Yes you can file a crl misc. petition in the same main petition.
(2) And under which provisions of Cr. P.C. again u/s 340 of Cr. P.C. or what ?
You do not have to mention the provisions once again since it is a direction by the court to file a petition for direction to the Registrar.
He should apply to the incharge court for the same. If the same is not properly managed he can also approach principal judge or CMM for appropriate directions. The summons should be served properly and whereabouts of the accused to be found.
Sir Past details :- As stated above I had made the application u/s.340(1) of CRPC with prayers therein to prosecute and make complaint in writing u/s.191 and 193 of IPC against the Respondent before C.J.M. And the Court allowed my application and issued direction to Registrar to issue Notice to Respondent why perjury u/s.191 and 193 of IPC should not be initiated against him and the said Notice has been served to Respondent but NO Reply from Respondent Fresh Application :- Hence after 90 days I filed a Fresh application u/s.340(3) of CRPC before the same Judge on ground that once this Court had allowed my above application u/s.340(1) therefore it is now just, proper and necessary that this Court directs the Registrar or any other Officer to make complaint in writing before CJM against the Respondent u/s.191 and 193 of IPC BUT the same Judge again issued Notice to the Respondent, to which I objected but Judge said that he wants to know whether or not the Respondent had filed any Appeal u/s. 341 of CRPC before the Appellate Authority against his Order On last date the Respondent appeared before Court and filed Memo of Appearance and Application seeking time to file SAY I filed an affidavit that I inquired in Appellate Authority and say that the Respondent has neither filed any Appeal u/s. 341 of CRPC nor I received any summons/notice as such nor the Respondent mentioned thereabout Query Whether this Judge can allow any arguments on merit of case even after he had already allowed the application ? Whether the Respondent has any locus standi to file any SAY herein ? Can I press to make his complaint in writing as above because already the application has been allowed and Notice issued by Registrar is not replied by Respondent. OR WHAT TO DO TO CUT SHORT THIS UNNECESSARY PROCEDURE STRICTLY AS PER CRPC AND LAW please guide regard HARIOM
Asked 6 years ago
1) judge in interests of justice would allow arguments
2) court would take his say on record
3) since the Court allowed your application and issued direction to Registrar to issue Notice to Respondent why perjury u/s.191 and 193 of IPC should not be initiated against him and the said Notice has been served to Respondent but NO Reply from Respondent there was no need for fresh notice to respondent by judge
The court before which the application under section 340 cr.p.c. is pending will begin trial as per law.
The respondent has a right to defend the charges against him.
Not necessary, the court will automatically begin trial, wherein as per procedures of law, the same will be held.
Nothing is unnecessary procedure and you cannot look for any short cut method, you may have to abide the procedures that are laid down in this regard.