• 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 4 years ago in Criminal Law
Religion: Hindu

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10 Answers

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.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

You should take out miscellaneous applicationto direct registrar to comply with court orders

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

A simple application supported by affidavit without any reference of any section is enough to deal with the situation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

(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.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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