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2022 Supreme(Chh) 466

SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Tilendra Sahu S/o Shri Manohar Sahu – Appellant
Versus
Roshini Sahu W/o Tilendra Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Aditi Singhvi, Advocate

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the appellant against impugned order dated 18/07/2022 (Annexure A/1) passed by learned 1st Additional Principle Judge, Family Court, Raipur in Case No. 676/21 whereby the application filed by the appellant under Section 340 of CrPC has been rejected finding no merit.

2. The respondent/wife herein filed an application under Section 125 of CrPC for grant of maintenance against the appellant/husband which is pending consideration before the court of Principal Judge, Family Court, Raipur in which the parties are litigating and affidavits and documents have been filed on behalf of the parties. During the pendency of the said application under Section 125 of CrPC, the appellant herein filed an application under Section 340 of CrPC before the concerned Family Court stating inter alia that respondent has made false statements in affidavits, as such, she is liable to be proceeded under Section 340 of CrPC.

3. The aforesaid application filed by the appellant under Section 340 of CrPC came up for hearing before the Family Court on 18/07/2022 and learned Family Court, n

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