Application u/s 340 crpc has to be disposed off first

gyanprakash (Querist) 05 March 2013 This query is : Resolved
If the proceeding in the complaint case for issuing summons under section 204 Cr P C should be postponed and the application u/s 340 CrPC should necessarily be disposed off first.

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Devajyoti Barman (Expert) 05 March 2013
340 CRPC petition should be disposed off first.

Kiran Kumar (Expert) 05 March 2013
I have a different opinion here...

If the process was never issued then how 340 came into picture first.

If the magistrate finds sufficient reasons to proceed with the matter only then the necessary summons/ warrants will be issued.

340 application requires complete inquiry (read S.340 Cr.P.C), it will entail full evidence also. So there is no obligation that 340 application is to be disposed off first.

Raj Kumar Makkad (Expert) 05 March 2013
I fully endorse the advice of Kiran. Even the proceeding under section 340 is conducted separately without much intervening in the ongoing proceeding in the main case.

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