isit good to put 340CrpC before frame of charges on IO complanaint 498

957 votes

So, to answer your specific questions: Filing before charge – Yes, maintainable. Whether court will decide it first – Not necessarily. The court may defer it and proceed with arguments on charge. Strategic value – It can still be useful to bring contradictions (like cross-examination in DV case already on record) to the notice of the court at the stage of charge. Regarding your facts: If the complainant has already contradicted herself in the DV proceedings, that material can be strongly relied upon at the stage of arguments on charge/discharge. If the IO has not conducted proper investigation and no part of the cause of action arose in Delhi, you should also seriously consider: Discharge application, and Jurisdiction objection

Advocate Madhvi Chopra LawRato

1000 votes

Yes, you can move an application under Section 340 CrPC before the stage of framing of charges, and in fact, strategically it is often advisable to do so if you have clear material showing false statements or fabricated evidence on record. However, it is important to understand that proceedings under Section 340 CrPC are independent and discretionary. The Court is not bound to decide the 340 application before framing of charges. In practice, most courts defer consideration of a 340 CrPC application until a later stage (often after evidence), unless the falsity is apparent on the face of the record and goes to the root of the matter. In your case, since you are stating that: • A cross version already exists in the DV proceedings, and • The same allegations are now being pursued in the criminal case, and • There is an allegation of no proper investigation and lack of territorial jurisdiction, you may certainly raise these issues at multiple levels: Firstly, at the stage of framing of charge, you can argue that the material on record does not disclose a prima facie case, and highlight contradictions, parallel proceedings, and jurisdictional defects. Secondly, a Section 340 CrPC application can be filed to bring on record that false statements or misuse of judicial process has occurred. However, you should be prepared that the Court may not decide it immediately. Thirdly, the issue of territorial jurisdiction is significant. If none of the alleged incidents occurred within Delhi, this can be a strong ground to challenge proceedings and may even be raised at the stage of charge or through appropriate higher court remedies. As regards the IO not conducting proper investigation, that by itself may not vitiate proceedings automatically, but it can be used to challenge the credibility of the chargesheet and seek discharge. Strategically, it is advisable to: • File the 340 CrPC application with clear, specific instances of falsehood (not general allegations), • Simultaneously prepare strong arguments on discharge at the stage of charge, • Avoid relying solely on the 340 application to stall the main proceedings. In conclusion, filing a 340 CrPC application at this stage is legally permissible and can strengthen your overall defence narrative, but you should not expect the Court to necessarily decide it before framing of charges.

Advocate Yuganshu Sharma LawRato

665 votes

Yes it is permissible to move the application and can be decided before framing of charges. It depends upon your strategy whether you want to push for deciding the application or would want to wait for the charges to be framed. Whether a Section 340 CrPC application is maintainable is another question altogether.

Advocate Abhimanyu Yadav LawRato

741 votes

Filing a 340 CrPC application is allowed, but the court usually will not decide it before framing charges. Courts first check whether there is enough material to frame charges, and only later look into perjury (lying in court). Even if the DV case cross-examination shows contradictions, the judge will still continue with the normal process of framing charges. A 340 application does not stop the case. If the IO filed the chargesheet without investigation, you should raise this point in your discharge application. That is the correct stage to show that the case is false or poorly investigated. So, filing the 340 application won’t hurt you, but it will most likely be decided after the charges are framed or during trial—not before.

Advocate Akshay Kumar LawRato

841 votes

Aapka query technical hai, lekin clear position ye hai: 1. 340 CrPC application kab file karein? Section 340 CrPC ka purpose perjury/false evidence par action lena hai. Isse aap charge framing se pehle bhi file kar sakte hain, lekin court usually ise turant decide nahi karta. 2. Kya judge pehle 340 decide karega? Generally nahi. Courts ka consistent view hai ki 340 CrPC application ko main trial ke baad ya evidence evaluate karne ke baad decide kiya jata hai, kyunki pehle ye dekhna zaroori hota hai ki alleged false statement ka actual impact kya hai. Isliye framing of charge rukti nahi hai sirf 340 pending hone se. 3. Aapke facts me strategy: Agar same allegations DV case me cross-examination me contradict ho chuke hain, to aap us material ko charge arguments/discharge application me use karein. 340 CrPC ko supporting pressure tool ki tarah file kar sakte hain, lekin us par immediate relief expect na karein. 4. IO ne investigation nahi ki / jurisdiction issue: Aap discharge application (239/227 CrPC, case nature ke hisab se) me yeh ground le sakte hain ki proper investigation nahi hui. Agar territorial jurisdiction Delhi ka nahi banta, to yeh bhi strong ground hai charge oppose karne ka. Conclusion: 340 CrPC file karna galat nahi hai, lekin practical benefit tab milega jab trial me falsity establish ho. Filhaal focus discharge/charge arguments par rakhein, aur DV case ki contradictions highlight karein.

Advocate Ganesh Mishra LawRato