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Author Topic: Perjury Case Against False Domestic Violence Case  (Read 127 times)

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Offline S_LAW

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Perjury Case Against False Domestic Violence Case
« on: October 06, 2018, 02:46:01 PM »
Domestic Violence case was filed in the magistrate court without any prima facie. Plan to submit quash petition.

Apart from the above, we like to submit Perjury case in the same Magistrate Court.

1) Is it possible to submit perjury case while the DV case is being pending?

2) Do you have any criminal case judgments from Supreme Court or Madras High Court stating that we can submit perjury case while case is being pending based on the ground that the petitioner suppressing the material facts under Section 340 of Code of Criminal Procedure?

1) Ram Dhan vs State Of U.P.& Anr on 10 April, 2012
2) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2939 OF 2017 IN
WRIT PETITION NO.14039 OF 2017
3) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION No.1115/07.

Offline advjaibansal

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Re: Perjury Case Against False Domestic Violence Case
« Reply #1 on: October 07, 2018, 05:46:53 AM »
Dear Sir,

Certainly you can file an application under section 340 during the pendency of the case, however it is up to the court to take up the said application during the course of the hearing of the case or at the end of the trial.

You don't need any judgment to file the application and the same is already replied above.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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