Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajeev (owner)     16 January 2012

What is sec. 340 crpc.

Dear All,

             My problem in brief  "A person has filed a criminal case against me. In that case the learned trial court dismissed the case after the chief of the complainent. After that the complainent filed an appeal in district court, that court also dismissed the appeal. Then the complainent filed an WP in Honourable High Court. Here in High court the complainent has not pressed for any relief but prays the honourable High court to grant him a liberty to make a fresh application u/s 340 of Cr. P.C. before the Competent Magistrate at an appropriate stage. High Court given him the permission & disposed the WP accordingly."

High Court Order is as follows " Petitioner's ( complainent ) prayer is granted. Criminal Writ Petition stands disposed of as withdrawn. Liberty is granted to the petitioner to  make fresh application before the Competent Magistrate  u/s 340 of Cr. P.C. at an appropriate stage."

As no sumon is issued by High Court in this regard to me, I have seen this order on High court site. I want to know exactly what is the meaning of this order as I m unable to understand.



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 January 2012

Sec 340 of CR.P.C. is a procedure in cases mentioned in sec., 195 .  Refer chapter XXVI of Cr.P.C.

Rajeev (owner)     16 January 2012

Originally posted by :adv. rajeev ( rajoo )
"
Sec 340 of CR.P.C. is a procedure in cases mentioned in sec., 195 .  Refer chapter XXVI of Cr.P.C.
"

 

Dear Rajeev, I just want to know by this order what will be the next action of the complainent. Mean 1. Will he file new case?  2. Will the old case be restored? or 3. What will his next step??

Sanjeev Panda (Advocate)     16 January 2012

The complainant will file a petition u/s 340 Cr.P.C. requesting that a offence has been committed, i.e. some false or fabricated evidence or documents has been introduced  in relation to a proceeding in that court and court if deems fit, shall make a complaint in this regard. 

Section 340 consists of four Sub-sections of which only the first sub-section is relevant . Hence the said sub-section is extracted below:

"When upon an application made to it in this behalf or otherwise, any court is of opinion that it is expedient in the interest of justice that n inquiry should be made into any offence referred to in Clause (b) of Sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or,
as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such
Magistrate; and

(e) bind over any person to appear and given evidence before such Magistrate."

Rajeev (owner)     16 January 2012

Originally posted by :Sanjeev Panda
"
The complainant will file a petition u/s 340 Cr.P.C. requesting that a offence has been committed, i.e. some false or fabricated evidence or documents has been introduced  in relation to a proceeding in that court and court if deems fit, shall make a complaint in this regard. 

Section 340 consists of four Sub-sections of which only the first sub-section is relevant . Hence the said sub-section is extracted below:

"When upon an application made to it in this behalf or otherwise, any court is of opinion that it is expedient in the interest of justice that n inquiry should be made into any offence referred to in Clause (b) of Sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or,
as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such
Magistrate; and

(e) bind over any person to appear and given evidence before such Magistrate."
"

Thanx Sanjeev,

                          It means the complainent will file a new criminal case in lower court. Will this case be private or State???????

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 January 2012

Private case and hence not taken seriously.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

Be patient and see if any fresh summons are issued to you.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

SSng Aulakh (Senior Ship Master)     04 September 2013

If despite sufficient documenary proof If any high any court judge or division bench of high court does not issue notice or contempt notice to the accused, during court proceedings of a civil suit. Where the Complainant should file complain under section 340 of Crpc ?

madhu mittal (director)     05 September 2013

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 402 of 2005 (Arising out of Special Leave Petition (Criminal) No. 4111/2000) with Criminal Appeal Nos. 904 and 1069-1070/1998

Decided On: 11.03.2005

Appellants: Iqbal Singh Marwah and Anr.
Vs.
Respondent: Meenakshi Marwah and Anr.

Please go through this citation, it may be helpful.

Tanvi Shende   14 July 2016

Hello. In case of an offence relating to a criminal court proceeding I'll have to file a separate miscellaneous criminal proceeding under sec.340? Any case law available. I could only find a case law relating to miscellaneous proceeding in a civil court.

B SAKHARE   20 August 2016

fraud played by same person in multiple proceedings application u/s 340 crpc to be given in all proceedings


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