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can perjury case under section 340 crpc be quashed at any stage
11-Mar-2025 (In Criminal Law)
A complaint is filed with the police by post as well as in person, the police take the physical copy, stamp it, and give a Diary no. , when the court examines the police diary, it shows another complaint being filed altogether under the same diary, due to which 340 is filed. I have RTI copy which shows that a complaint was made on the said date and was sent via post as well. The current stage is of evidence, how do I quash this perjury and prove my case?
Not a big issue of you have filed the complaint in person and by post on the same date. No perjury is committed in the absence of mens rea. No Court can convict an accused for perjury if the action was taken in a bonafide manner without trying to commit fraud on the court concerned.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Yes, you must bring the RTI Copy on record through your Defence Evidence. Further, if you have a certified copy of the complaint too, along with the RTI Copy, that would further assist you in the evidence. Since it is already at the evidence stage, you will have a tough challenge while filing a quashing petition before the High Court. Make sure you bring all the documentary evidence to support your version. Hon'ble Supreme Court, in its latest judgement, held that the violation threshold must be high while initiating the perjury matter against a person.
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Adv. Ankush Mahajan
Delhi | 25+ Answers
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Dear client,
You have a strong case u/s 340 CRPC on the basis of information you provided.
To proceed further, following steps should be taken on my point of view:-
1- Prepared all documentry evidences Like RTI and any court order(s).
2- In court , make sure that questions about above said thing should be in the cross examination of that police officer.
3- obtained copy of that Dairy No via RTI also.
4- Move to court for Perjury.
Would you like assistance in drafting or appearance in before Ld. Court for invoking section 340?
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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File an application under 482 crpc before the concerned High court to quash the perjury case. you need to present the RTI Copy and original complaint receipts as Evidence before the court to establish that complaint was indeed file on that date
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Adv. Vinay Redhu
Delhi | 200+ Answers
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Kindly provide us with the complete documents so that we can offer tailored advice. Additionally, we need to assess the matter that has led to the perjury case being registered against you in relation to this issue.
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