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Remedy for Application u/s 340 Cr.P.C pending before High Court


14-Jul-2023 (In Supreme Court Law)
In petition by me under 482 in HC(which is pending disposal) against a case filed in lower court, an application u/s 340 of Cr.P.C was moved showing that content of an affidavit filed by opposite parties in the lower court is false and asked the HC to take cognizance of such offense of the opposite parties. HC can straight away take cognizance of perjury committed in lower court Perumal v. Janaki, (2014) 5 SCC 377. The High Court has kept the application pending and has taken no distinct action asking it to be heard with the original petition u/s 482. I want that the application to be taken up separately and decided first instead of being taken later on along with the main petition. What is the remedy to achieve this in HC and whether an SLP is maintainable in SC stating that the application be decide on first and also separately.
Answers (3)

Answer #1
913 votes
You should put before the court your case strongly. You cite your reasons to be heard the application separately from the application under 482 crpc.
You don't require to go to Supreme Court now. Let the HC decide first.

Answer #2
940 votes
Hello client,
In this matter as per your question is concerned, as high is not disposing it off in this matter a direction can be issued to high court from supreme court of india .as well as an application can also be filled in high court itself stating our facts so high court is able to understand the seriousness of the application take coznigence of the matter immidiately also.but for very accurate advice i need to go through the file first,
thanks,
Answer #3
683 votes
Of course you can file a special leave petition in Supreme Court under Article 136 of the constitution .Supreme court can either direct the concerned high court to decide it first and then take on the main petition or it can decide on its own and send the order to high court.

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