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Appeal under Sec 340 CRPC r/w Sec 195 CRPC in DV Case


22-Oct-2023 (In Criminal Law)
My wife has sworn a false affidavit while filling complaint in Domestic Violence case before Chief Judicial Magistrate. I have just received a notice in this regard. I can prove the falsity of the affidavit without ambiguity and show that my wife has filed such a complaint with malafide intentions. Now I want to file an appeal straight away under Sec 340 CRPC r/w Sec 195 CRPC before the Sessions Court and seek a stay on DV case and ask the court to first look into the false affidavit that was sworn by my wife and that no case is made out against me because of the falsity of sworn affidavit and would derail the justice if such case is pursued based on such false affidavit sworn in the complaint . Is this possible at this stage of case and would Sessions Court entertain such an application. If not when to make such an application any other remedy available immediately whether at sessions or High Court.
Answers (2)

Answer #1
763 votes
Hi, You should file the application u/s 340 Cr PC in the same court where the false statement or affidavit is sworn in by the complainant. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Answer #2
563 votes
There is no such provision to file an appeal under section 340 cr p . c . In domestic violence act appeal can be filed under section 29 of domestic violence act. For filling any false affidavit any one has right to file a seprate application under section 340 cr p c. In the same court. You can also challenge the issuance of summons by trial court before the session court.
Thanks and regards

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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