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.