Applicability of section 340 of CrPC, and 194 of IPC etc

BEFORE THE HON’BLE  ………          AT……

                                                                                                   . M.A. No.  x/2012

Mrs. ……………………                                                           ---Applicant

       V/S

Mr. ………………………                                                         ---Opponent

                                                                                                   APPLICATION FILED U/S 191 & 195 OF IPC. READ WITH 340, 250, 357 OF Cr. PC.

Application filed on behalf of Opponent is as under:

1. That the applicant has filed above mentioned application under ………….. of the Act.

2.  …………………………………………………………………………………………………………………………

3. That  this Opponent says that the applicant has deposed falsely from para x to XXX under affidivat .

4. As per Section 191 of IPC if someone being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false and which  she either knows or believes to be false or does not believe to be true is said to give false evidence.

5. As per Section 195 of IPC if someone gives or fabricates false evidence intending thereby to cause ,or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life ,or imprisonment for a term of seven years or upward, shall be punished as a person convicted of that offence would be liable to be punished.  So the applicant be prosecuted, tried and penalized under section 340 of Cr. PC.

6. As the applicant has filed false complaint against the Opponent, Opponent has to secure his presence before Hon’ble Court on each and every date .He has to face false trial pass through great hardship under such circumstances the applicant has enjoyed all the proceedings and wasted the precious time of Hon’ble Court.

7. The Opponent further says that the applicant has harassed him by filing false application and evidences so she may be directed to pay the compensation as per Section 250 and 357 of Crpc to the Opponent.

It is therefore prayed that:

1. The applicant may kindly be prosecuted and tried and punished as per section 195 of IPC 340 of Cr. PC.

2. The applicant may kindly be directed to pay compensation of Rs XXXXXXXX to the Opponent

3. Any other just and equitable order in the interest of justice be kindly be passed                

            

Place 

Date:                                                        Opponent