AI Overview...
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Disposal of 340 CrPC Applications Post-Trial Completion
The general principle across the sources indicates that applications under Section 340 of the CrPC (which concerns initiating proceedings for false evidence or perjury) can be disposed of after the main trial has been completed. For instance, in B. SRIRAMAN vs D. SELVAKUMAR - Madras, the court emphasizes that the assessment of evidence tainting the application under Section 340 is only appropriate after the conclusion of the main case, as preliminary contradictions do not justify immediate prosecution. Similarly, in Selvi J Jayalalithaa VS State Represented by the Superintendent of Police, DV & AC, Chennai - Karnataka, the transfer of cases and recording of evidence are discussed, implying that proceedings, including applications under Section 340, are typically disposed of once the main trial concludes.
Analysis and Conclusion:
The consensus suggests that applications under Section 340 CrPC are generally disposed of after the main trial's completion, as the evaluation of evidence and contradictions is more appropriately undertaken post-trial, ensuring a comprehensive assessment before initiating proceedings for false evidence.
B. SRIRAMAN vs D. SELVAKUMAR - Madras, Selvi J Jayalalithaa VS State Represented by the Superintendent of Police, DV & AC, Chennai - Karnataka -
Procedural Context and Court Practices
Several sources highlight procedural aspects, such as the importance of completing the trial before deciding on related applications. For example, M. Ravindran VS Intelligence Officer, Directorate of Revenue Intelligence - Supreme Court discusses that investigations and applications like bail or amendments are to be handled within the trial process, but the final disposal of Section 340 applications aligns with the trial's conclusion. Also, Prateek Shukla VS State of U. P. - Allahabad notes that applications are often dismissed if filed outside prescribed periods, but this pertains more to procedural timelines rather than the timing of Section 340 application disposal relative to trial completion.
Analysis and Conclusion:
Courts typically prefer to dispose of Section 340 applications after the main trial, as the evidence and facts are clearer, and the court can make an informed decision. This approach avoids premature proceedings that might interfere with the trial process.
B. SRIRAMAN vs D. SELVAKUMAR - Madras, M. Ravindran VS Intelligence Officer, Directorate of Revenue Intelligence - Supreme Court, Prateek Shukla VS State of U. P. - Allahabad -
Exceptions and Specific Cases
Some cases, such as GITESH GHANSHYAMBHAI RAVAL VS STATE OF GUJARAT - Gujarat, indicate that procedural orders like deferring cross-examination are made during trial and do not preclude the eventual disposal of Section 340 applications after trial completion. Similarly, in Gautam P. Navlakha VS National Investigating Agency - Bombay, applications for bail or other relief are handled during trial, but the final consideration of Section 340 applications is deferred until after trial completion.
Analysis and Conclusion:
While interim orders or procedural applications are handled during trial, the ultimate disposal of Section 340 applications is generally reserved for after the main trial, ensuring a holistic evaluation of evidence and proceedings.
GITESH GHANSHYAMBHAI RAVAL VS STATE OF GUJARAT - Gujarat, Gautam P. Navlakha VS National Investigating Agency - Bombay
Overall Summary:
Applications under Section 340 CrPC are typically disposed of after the completion of the main trial to allow for a thorough assessment of evidence, contradictions, and facts. Courts emphasize that early disposal based on incomplete evidence may be unjust, and procedural orders during trial do not alter this principle. This approach ensures justice and proper evaluation before initiating proceedings for false evidence or perjury.
Search Results for "340 Crpc Application can be Disposed after the Completion of Trial in Calendar Case"
2024 Supreme(Online)(MAD) 41887 • India - High Court of Madras
N.ANAND VENKATESH, J
proceedings against the respondent for false evidence - The court held that the tenability of evidence can only be assessed after the completion ... (A) Code of Criminal Procedure, 1973 - Section 340 - Challenge to the order of the Principal Sessions Judge confirming the refusal ... of proceedings, and contradictions alone do not warrant immediate prosecution under Section 340. ... The learned Judicial Magistrate came to a conclusion that the main calendar case itself was not #HL_START....
2018 0 Supreme(Mad) 333 • India - Madras
P.N.PRAKASH
Sharma to appear before the Trial Court and dismissed their quash applications. ... : The case involved the import of steel measuring tapes from China, where the importer failed to pay the anti-dumping duty ... 07.10.2003 - Sections 120-B r/w 420 I.P.C. and Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 Fact of the Case ... In the considered opinion of this Court, this is a disputed question of fact, which cannot be looked into in a quash application. ... No. 340 o....
2010 0 Supreme(Kar) 1034 • India - Karnataka
SUBHASH B.ADI
filed necessary memo pointing out the errors and mistakes, if any, in the translation wherever it is required, on or before the completion ... However, the trial shall go on till the recording of the statement of the accused under Section 313 of Cr.P.C. ... In this regard, another criminal case was registered in C.C.No.2/2001. ... will then proceed from day to day till completion. ... Accordingly I.A.No.396 is disposed of and the written objections filed by A-1 and A-3 are taken on Rec....
2010 0 Supreme(Kar) 1032 • India - Karnataka
SUBHASH B.ADI
CODE OF CRIMINAL PROCEDURE, 1973 - Sections 276, 277 & 278: [Subhash B. ... Adi,J] Taking and recording of evidence - Transfer of case from one State to another State - Change in language of Court - Held, ... Recording of fresh evidence is not scope of either Section 277 or Section 278 of Cr.P.C., However, in view of transfer for the convenience ... will then proceed from day to day till completion. ... Accordingly I.A.No.396 is disposed of and the written objections filed by A-1 and A-3 are taken on Re....
2024 0 Supreme(Guj) 1621 • India - Gujarat
GITA GOPI
Issues: Whether the order denying the deferment of cross-examination was an interlocutory order and if the revision application ... When a specific proviso to sub Section 3 permits to make such an application for deferring the cross-examination of PW-3 in this case it would be proper to allow the application by deferring the cross-examination of PW-3, till the completion of chief examination of other witnesses i.e. ... of PW-3 till the completion of chief examination of other witnesse....
2021 0 Supreme(All) 1183 • India - Allahabad
SANJAY KUMAR PACHORI
Result : Application dismissed ... sheet has been filed by investigating officer against applicant after prescribed period of ninety days - Whether applicant filed an application ... justified in its conclusion arrived through order impugned herein that charge-sheet has been filed within time and rightly rejected application ... It is of no moment that the criminal court in question either does not dispose of such application before the charge-sheet is filed or disposes of such #HL_....
2020 7 Supreme 81 • India - Supreme Court
or grant further time for completion of investigation, as the case may be, though accused may still be released on bail under other ... application for bail under Section 167(2) of the Code of Criminal Procedure, 1973 on ... After completion of 180 days from the remand date, that is, 31.01.2019, the Appellant (Accused No.11) filed ... After completion of 180 days from the remand date, that is, 31.01.2019, the Appellant (Accused No.11) filed application for bail under ....
2007 0 Supreme(Kar) 694 • India - Karnataka
N.KUMAR
AIR 1970 SC 340 ... In the affidavit filed in support of the said application he has reiterated what he has stated in the statement of objections filed to the election petition. ... The calendar of events was issued on 24-5-2006 as per Annexure-A. The last date for submitting the nomination paper was 31-5-2006. The last date for withdrawal of the nomination was 3-6-2006. The date of election was fixed on 17-6-2006. ... ... ( 12 ) I have heard the learned counsel for the parties on this interlocutory application/ prelimi....
2023 0 Supreme(Bom) 1614 • India - Bombay
A. S. GADKARI, SHIVKUMAR DIGE
Act, 1967 - Sections 13, 16, 18, 20, 38 and 39 - Bail application rejected by trial Court - Appellant claimed no evidence of terrorist ... ... ... Findings of Court: ... Appellant's application for bail was granted, citing lack of reasonable grounds for believing accusations ... (Paras 7, 26) ... ... Facts of the case: ... Appellant, accused of terrorism-related charges, ... xxv) On 26th April, 2022, this Court rejected the Criminal Writ Petition No.3116 of 2021 filed by the Appellant for keeping him under house a....
• India - Crimes
B.P.JEEVAN REDDY, G.N.RAY, N.M.KASLIWAL, P.B.SAWANT, K.N.SINGH
Such proceedings in High Court must, however, be disposed of on a priority basis. ... The mere fact that an application petition is admitted and an order of stay granted by a superior court is by itself no proof that ... whether the right to speedy trial has been denied in a given case. ... In this case, investigation commenced in November, 1976 and the case was registered on completion of the investigation in September, 1977. Cognizance was taken by the court in Marc....
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