Application under section 340 CrPC to be decided first

Harish V Milani vs Union of India

Bombay HC

26/04/2018

CIVIL APPLICATION NO.2939 OF 2017 IN WRIT PETITION NO.14039 OF 2017

About/from the judgment:

Allahabad High Court, in the case of Syed Nazim Husain -vs- The Additional Principal Judge Family Court and anr in Writ Petition No.(M/S) of 2002, wherein also similar point was raised as to whether the application under Section 340 C.P.C., has to be decided first before adjudicating the proceeding in which the said application was filed. By it's order, Allahabad High Court has directed the trial Court to dispose of the application moved by petitioner under Section 340 C.P.C., before proceeding further in accordance with law.

 

Criminal Application No.728 of 2017; wherein also this Court has recorded the submission of learned counsel for respondent that his application preferred under Section 340 C.P.C, be heard first in point of time and accordingly adjourned the matter to 2nd February, 2018.

 

Learned counsel for respondent has then relied upon the judgments of Hon'ble Apex Court, in the cases of

i] Dalip Singh -vs State of Uttar Pradesh [(2010} 2 SCC 114],

ii] Rameshwari Devi-vs Nirmala Devi [(2011) 8 SCC 249, and

iii] Kishore Samrite -vs- State of Uttar Pradesh[(2013) 2 SCC 398],

holding that, “It is very well settled that a person whose case is based on falsehood has no right to approach the Court and he is not entitled to be heard on merits and he can be thrown out at any stage of the litigation.

Read the Judgment

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