Helpful decision from AP High Court in a petition which was filed because Lower Court (staff?) returned a Perjury application u/s 340 asking how it was maintainable at that point in time/stage. Despite being explaining the reasons how such an application is maintainable, the Court returned the application with same endorsement.
Kudari Chandrasekhar Vs State of AP on 08 Mar 2021
Therefore, this Court is of the considered view that the aforesaid return of the petition is legally not sustainable under law. When the petitioner has explained as to how the petition is maintainable, the learned Judge has to hear him and then register the petition and then dispose of the same according to law and if the same is ultimately found to be not maintainable, it is well within the purview of the learned Judge to pass an appropriate reasoned order and a speaking order to that effect.
Therefore, this Criminal Petition is allowed with a direction to the trial Court to register the petition and then hear both the parties and dispose of the said petition according to law.
Shades of Knife
Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.
I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Read more gyan here.
Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.
Om Shanthi !!!
Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at
AnaghaLegalReliefs.in !!! (work-in-progress)
We are on social media too.
Just google for: Anagha Legal Reliefs