Cr p c 340

Guest (Querist) 25 August 2018 This query is : Open
I have two queries

1) In CR P C 340 application whether judge can dispose application with only finding ?

2) Cr P C 340 should be disposed first and then any application etc. but if this sequence is not followed what will be legal consequence ?

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Dr J C Vashista (Expert) 26 August 2018
Vague question without relevant facts of the case.
Who has filed the application u/s 340 Cr PC?
What are the allegations levelled in the application u/s 340 Cr. PC?
Where is the case pending and what is the stage of the main case?
Application u/s 340 Cr PC has to be registered, considered and tried by area Magistrate.

Surrender K Singal (Expert) 26 August 2018
If an FAO has been filed in High Court with false and incorrect assertions and with concealments, even though the accompanying affidavit affirms as usual that 'nothing has been concealed therfrom' and the "contents of the appeal are true and correct", should the respondant FIRST highlight such misleading assertions and can the same High Court Judge take cognizance u/s 195-A and 340, before considering FAO on merits ?

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