Where to file appeal u/s. 341 of cr. p. c.

Sadanand bhisaji Panchal (Querist) 11 April 2022 This query is : Resolved
Respected Experts,
In the year 2016 I filed Application u/s. 340 of Cr. p. c. before the Appellate Bench of Court of Small Causes Bandra which heard last 25 days and the Court passed Order saying that the said Application will be heard along with Appeal and matter adjourned for hearing of Appeal. Thus the Appellate Court refused to initiate preliminary inquiry u/s. 340 of Cr. p. c. I want to file Appeal under Section 341 of Cr. p. c.
Kindly inform me (1) Which is the Appellate Court (2) Whether to file Writ Petition before the Hon'ble Bombay High Court (3) Whether Appeal under Section 341 of Cr. p. c. lies in the Appellate Side of the Hon'ble Bombay High Court ?

Thanking You,
Sadanand B. Panchal

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Quick Summary

This discussion concerns the correct procedure for filing an appeal under Section 341 of the Criminal Procedure Code (CrPC) after an application under Section 340 was not immediately heard. The consensus suggests filing a Civil Writ Petition before the Bombay High Court under Article 227 of the Constitution of India as the appropriate course of action.

P. Venu (Expert) 11 April 2022
The best option. in my understanding, would be to approach the High Court under Article 227.

Advocate Bhartesh goyal (Expert) 11 April 2022
You hAve to file appeal u/sec 341 of Cr.P.C before H.C.

kavksatyanarayana (Expert) 11 April 2022
I agree with the advice of the above learned experts.

Sadanand bhisaji Panchal (Querist) 12 April 2022
Respected Experts,
I appreciate your advise and thanks. I want to file Appeal under Section 341 of Cr. P. C. in the Hon'ble Bombay High Court. Kindly inform me in which Bench I should file said Appeal, whether Civil Appellate Side or Criminal Appellate Side or otherwise. Your advise is very important for my further litigation so that automatic stay to further proceedings of the original Appeal will be granted till six months.
Thanking You,
Regards,
Sadanand B. Panchal

Dr J C Vashista (Expert) 17 April 2022
It would be filed as Civil Writ petition under Article 227 of the Constitution of India

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