Home > Judgement > Perjury application must be decided first before proceeding with the case

Perjury application must be decided first before proceeding with the case

Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (M/S) of 2002

Syed Nazim Husain
Vs.
The Additional Principal
Judge Family Court &
another

Hon’ble A. Mateen, J.

Heard learned counsel for the petitioner as well as learned A.G.A.

Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.

From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.

In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.

In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.

With the above observations the petition is disposed of finally.

9.1.2003 sd- A.Mateen

Advertisements
Categories: Judgement
  1. Ishan
    March 4, 2011 at 9:01 am

    Sir,

    Please somebody send the CITATION / CERTIFIED COPY of the above Judgement of Hon’ble Judge A. Mateen dated 09.01.2003

    Court No.29
    High Court of Judicature at Allahabad, Lucknow Bench, Lucknow

    Writ Petition No. (M/S) of 2002

    Syed Nazim Husain
    Vs.
    The Additional Principal
    Judge Family Court & another

    Kind Regards,
    Ishan.

  2. Ishan
    March 4, 2011 at 9:02 am

    Sir,

    Please somebody send the CITATION / CERTIFIED COPY of the above Judgement of Hon’ble Judge A. Mateen dated 09.01.2003

    Court No.29
    High Court of Judicature at Allahabad, Lucknow Bench, Lucknow

    Writ Petition No. (M/S) of 2002

    Syed Nazim Husain
    Vs.
    The Additional Principal
    Judge Family Court & another

    Kind Regards,
    Ishan.
    ishanghosh@hotmail.com

  3. keyoor
    March 7, 2011 at 6:18 am

    citation requested

  4. Umesh
    April 12, 2011 at 10:32 am

    Is anyone have writ no of this.

  5. August 6, 2011 at 6:58 am

    Any one who require certifed copy above pl mail me umeshtalwar@rediffmail.com

  6. prashanth
    August 1, 2014 at 3:27 pm

    hello, does anyone have a copy of the above judgement, please mail me at rameshndgl@gmail.com

  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: