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If perjury case rejected by lower court can i file Writ in High court
07-Jan-2023 (In Criminal Law)
My perjury case on trial in JMFC court. I filed perjury on RTI of PF department. Interestingly she filed divorce in sessions court and there also she lied about work status. immediately after DV, I didn't filed any WS but perjury. Opposite party filed their say and lied again to compensate the lies. I filed some additional documents hence opposite party requested some time. Hence next date given. Do you think JMFC judge can use his decretionary powers and still can dismiss perjury at this stage even after strong RTI replies. In worse case scenario of dismissal, Can I directly approach High court with Writ petition with JMFC order? Is this possible? Kindly advise!
The order of the learned JMFC can be challenged by you you by filing a Criminal Revision Application before the concerned sessions Court. Writ Petition is not the remedy. You cannot directly approach the Hon'ble High Court.
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If you can establish from the pleadings and statements made on oath that your wife has made false statements on oath which materially affects just decision of the case, trial court would certainly tilt in your favour. However, it all depends upon facts and circumstances of each case. In case despite this, if trial court rejects your application, u can challenge the order in HC.
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Adv. Sushil Khemraj Chaurasia
Mumbai | 25+ Answers
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