The power conferred on a Court by Sub-Section 1 in respect of an offence may, in any case where that Court has neither made a complaint under Sub-Section 1 in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of Sub-Section 4 of section 195. Merely because civil suit was pending, that did not prevent and could not prevent the Civil Judge from entering into an enquiry. Assuming that the complaint may have to be made at the instance of a party having an interest in the matter, still the court can take action in the matter otherwise than on a complaint, that is, when it has received information as to a crime having been committed covered by the said provision. The respondent had filed interim application for maintenance pendentelite on 28-4-2011 stating in para No. Any person on whose application any Court other than a High Court has refused to make a complaint under sub- section 1 or sub- section 2 of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub- section 4 of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly. Such conduct cannot be ignored, law has to take its own course.
In fact, Section 195 1 b of the Cr. There are lot of ways where she and her family will get punished for their falsity. Thereafter, the respondent did not press her claim for interim maintenance, but the same did not absolve her of the liability of the aforesaid lapse. Section 340 of Code of Criminal Procedure reads thus - 340. This is in a civil suit before a civil judge.
Holding so, he rejected the application. However, the court by an order made on 21. Gujarat High Court: The Single Bench of Sonia Gokani, J. She has to show the disparity between her income and income of the respondent and by making such type of true disclosure of the facts, she should have claimed maintenance amount from the petitioner. A few facts may be stated thus - The petitioner had filed Civil Suit against the non-applicant for injunction and other reliefs. The husband submits herewith a copy of the printout attached as annexure P-1 from the official ---------------------- which is an autonomous organization under the Ministry of Human Resource Development, Govt. And, it includes even a civil court.
The Court further added that the trial court had elaborately discussed the law and applied the said law to the facts to hold that the petitioner has not stated the correct facts on oath. The respondent is doing a job as a pre-primary Teacher at she does not want to give written reply. The parties have settled their dispute. While deciding the main petition, in paragraph No. It is settled position of law that while determining quantum of maintenance the regard shall be had to the status and position of the parties, income of both the parties, reasonable wants of the claimant and number of persons dependent upon the payer. However, the parties could not come to terms and accordingly Judge Mediator has submitted the report.
This appeal stands disposed of accordingly. Virk, Additional Sessions Judge-I, Bhiwani, pending in the court of learned Chief Judicial Magistrate Bhiwani. This appeal is directed against the order dated 5. The application under Section 482 of Code of Criminal procedure is thus disposed of in the above terms. Either the learned Designated Judge has not applied his mind or he has not understood the scope of the application and if he had done either, he would have dismissed the application.
The learned Advocate for the respondent has further submitted that there was no malice or intention to mislead this Court and the bonafide mistake of the respondent be excused. The application under Section 482 of Code of Criminal procedure is thus disposed of in the above terms. According to the petitioner, after the witness summons and a document brought on record, it is revealed by the order of this Court dated 7-5-2013 that the respondent is a liar and she obtained the interim maintenance order by misguiding this Court by purposefully stating lie on oath and concealing the material fact by not producing documents which are in her possession and made the petitioner to suffer. Will this case be private or State??????? Para 4, The trial Court, on an application Exh. In the original interim maintenance application at Exh. The Court further added that the trial court had elaborately discussed the law and applied the said law to the facts to hold that the petitioner has not stated the correct facts on oath. Said application was decided on 2-3-2012 by my learned predecessor and interim maintenance at the rate of Rs.
This is, therefore, a false statement. The provisions of section 340 cr. The Designated Judge held that he was satisfied that the court could entertain an complaint even at the instance of a stranger in order to address his grievances as offences affecting the administration of justice. According to the petitioner, the respondent used to work as a Teacher in a school prior to her marriage is admitted position. The provision of section 195 1 is : Section 195 1 in The , 1973 1 No Court shall take cognizance- b i of any offence punishable under any of the following sections of the 45 of 1860 , namely, sections 193 to 196 both inclusive , 199, 200, 205 to 211 both inclusive and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or ii of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or iii of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause i or sub- clause ii , except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate. What to do in this matter Sir? While deciding the said application, my learned predecessor has imposed exemplary cost of Rs. Procedure in cases mentioned in Section 195 as Miscellaneous Judicial Case.
The learned Civil Judge should have, therefore, directed the application to be registered as Miscellaneous Judicial Case. The definition of the offence of giving false evidence thus applies to the affidavits. It was, therefore, not proper on part of Judges of the lower courts to have rejected the application. Whether Reporters of Local Newspapers may be allowed to see the judgment? But it does not mean it is necessary to take action against the respondent as per the provisions of Section 195 and 340 of Criminal Procedure Code. Illustration A gives false evidence before a Court of Justice intending thereby to cause Z to be convicted of a dacoity. The civil judge may proceed to decide the suit and may also proceed to decide the application under Section 340 of Code of Criminal Procedure separately.