Application for Perjury 340 CrPC

Sample Application for Perjury 340 CrPC

IN THE COURT OF SH. ----------------, ADSJ, KARKARDOOMA,DELHI

IN RE HMA No.

Shahrukh Kumar Khan …. PETITIONER

VERSUS

…. RESPONDENT

APPLICATION UNDER SECTION 340 Cr.P.C. READ WITH SECTION 193, 200 and 209 OF IPC ON BEHALF OF PETITONER AGAINST THE RESPONDENT

MOST RESPECTFULLY SHOWETH

1. That the above matter is pending petitions consideration before t his Hon'ble Court. The respondent ---------------------has filed a rejoinder on the day of previous hearing that was 11 th Oct. 2007 of the application U/s 24 of Hindu Marriage Act, 1955 through which she has mentioned that she has not been employed and has no regular source of income. 2. That this statement is false and willfully wrongly given by the applicant with a view to get favourable decision from this hon'ble Court. 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. of India) which depicts that she is t he class teacher of class IVth A of the said school. As per the staff list available on the website her name has been mentioned along with her designation as PRT (which stands for Primary Teacher), her date of birth as 16-03-1983, her date of joining the present KV as 17-09-2007 and her date of joining the present post as 13-09-2007. 3. The above said appointment was made on the basis of the advertisement published in the Employment News dated 30th September – 6th October 2006, written examination held in the month of  February 2007 and the interview held from 31-7-2007 to 6-8-2007. 4. That the respondent has filed rejoinder to the reply of the husband wherein she has stated – (a) In Para C as under:- "The petitioner has no regular source of income and she has to spend a lot of money on her studies and her maintenance and rent for her accommodation as she has been living separately and as such ….."

(b) In rejoinder to reply on m erits Para 4 as under:- " It is submitted that the petitioner is living separately and from her parents and ------------------------------ since July 2007 and …." 5. The aforesaid averments of-------------------- is willfully false statement and a travesty of facts. The recruitment, her selection and joining the duties with --------------------- was known to her at the time of  filing the rejoinder i.e. on 11.10.2007 which reflects her unclean hands approach thus committing fraud. As she was employed regularly from 13.09.2007 at ----------- the question of her living ------------------------------ does not arise. This is, therefore, a false statement. 6. Thus this rejoinder has been filed to get a favourable decision by filing a false plea thus giving false evidence. The applicant has therefore sinned by her moving t he process of court with most unclean hands.

PRAYER It is therefore, most respectfully, prayed as under:(a) That the proceedings under section 195 of CrPC may be started against the respondent in the interest of justice. (b) That the respondent may be tried by appropriate co urt for the offence punishable U/S 193, 2 00 and 209 of IPC. (c) Her rejoinder may be declared to be false and no action may be taken on her application under U/S 24 of HMA for grant of maintenance from petitioner and it may be dismissed.

(d) Any other relief which this honorable court deems fit may also be granted in favour of the petitioner . Delhi DatedPetitioner Through

Counsel