Perjury CrPC 340
IN THE COURT OF THE METROPOLITAN MAGISTRATE TRAFFIC COURT – I,
XXXXXXXXX . . . . . Petitioner
XXXXXXX . . . . . Respondent
APPLICATION UNDER SECTION 340 – R/W SECTION 195B OF THE CODE OF CRIMINAL PROCEDURE AND SECTION 193, 196, 199, 209, 211, 463 & 471 OF IPC:
The respondent above named most respectfully submits as hereunder:
The address of the parties for the purpose of service of notice, summons, process etc., from this Hon’ble Court is shown in the cause title. Respondent may also be served through his counsel Sri xxxxxxxxxxxxx, Bangalore –XXXXXX.
1. The respondent submits that the petitioner has made intentional false statements, produced fake, false, created and fabricated document and intentionally lied to gain relief from her main petition.
2. The respondent further submits that, the petitioner has lied on oath before this Hon’ble court by suppressing the fact that she is a housewife whereas she is working and gainfully employed as XXXX from xxxxxx in XXXX, Bangalore and was earning a salary of XXXX/- in xxxxxxxxx itself through her XXXX bank salary account # XXXXXXXXXXXXX. The petitioner has lied with sole intention to mislead this Hon’ble court for wrongful gain and relief from her main petition.
3. The respondent further submits that, in Para-X of the “EXAMINATION-IN-CHIEF BY WAY OF AFFIDAVIT” the petitioner has lied that a Television – Color SONY – 29” was provided to the respondent. The petitioner during her cross-examination held on XX-XX-XXXX had admitted that the TV was purchased in XXXX. Respondent has provided bills for TV purchased by him in XXXXXXXX to this Hon’ble court during respondent evidence in this case and had been marked EXRX & EXRX. These bills and EMI statements clearly establish that TV was purchased by respondent in XXXX, contrary to the false claims of petitioner. These documents clearly establish the false hood of the petitioner with a malafide intention to mislead this Hon’ble court for wrongful gain and relief from her main petition.
6. The respondent submits that the petitioner has committed the grave offences, which are within the cognizance and jurisdiction of this Hon’ble Court and the petitioner is liable to be prosecuted and punished as per the provisions of the section 340 of Cr. P. C read with section 195B Cr.P.C for the offences committed under the sections 193, 196, 199, 209, 211, 463 & 471 OF IPC.
7. The respondent seeks the leave of this Hon’ble Court to urge additional grounds and produce additional evidence during the course of the above proceedings.
WHEREFORE, the respondent above named most respectfully prays that this Hon’ble Court may be pleased to inquire into the offences defined under the sections 193, 196, 199, 209, 211, 463 & 471 of IPC as per the provisions of the section 340 of CrPC read with section 195B CrPC and deal with the petitioner in accordance with law for giving false statements, causing wrongful loss and deceiving this Hon’ble Court during the judicial proceeding in the interest of justice.
Advocate for respondent Respondent