Bhutia vs. Shri Chander Pal and Another
contention in the application under Section 340 Cr.P.C.,
submitted that the statement made by the Respondent ... behalf of the Petitioner, submitted that
filing of the application under Section 340 Cr.P.C.
before the Principal District Judge was necessitated in
view
default. Thereafter the appellant applied
for restoration of the application under Section 340 of the CrPC and which
was allowed on 22nd ... notice of the said application under
Section 340 of the CrPC was issued to the respondents herein namely Sh.
Faheem Baig,, Shri Hari Lal, Ajmera
that the present application cannot be said to
be an offence affecting the administration of justice and
application u/s 340 Cr.PC is moved ... Notice of the application was not given to the counsel for the
respondent for simple reason that such application u/s 340
jurisdictional Police
Station.
7. On 24.02.2014 the appellant filed an application
under Section 340 of Cr.P.C. against the respondent
before the trial court ... appellant has come up with this appeal by filing an
application under Section 340 of Cr.P.C. before the trial
Meena, Executive Engineer (building)
Central Zone.
Grounds of Application
2 Through the present application under section 340 of Cr.
P.C it is averred ... Section 340 Cr. P. C reads as under:
"340. Procedure in cases mentioned in section 195 .
(1) When, upon an application made
Defendant no. 5.
Grounds of Application
2. It is averred by the plaintiff/applicant in the application
under Section 340 of Cr.P.C that ... provisions as enumerated under
section 340 Cr.P.C.
Section 340 Cr. P. C reads as under:
"340. Procedure in cases mentioned in section
Central), Tis Hazari Courts, Delhi, dated 07.09.2015, thereby
dismissing the application u/s 340 Cr. P.C. of appellant/plaintiff, bearing ... grounds that
(i) impugned order of dismissing the application u/s 340 Cr. P.C. was
contrary to the facts and law laid down
support of application. All the
application for consent decree and affidavits were drafted and
prepared by herself. Therefore, filing application under Section
340 ... earlier application and affidavit was not filed by
the respondent No. 1. In this background, dismissal of the
application under Section 340
Annexure P/2).
Thereafter, on 25.3.2010 the appellant moved an
application under Section 340 read with Section 195 Cr.P.C. for
initiating the proceedings ... been finally disposed of.
In any case, the present application Section 340 read with
Section 195 Cr.P.C. was based on account of filing
JUDGMENT
1 By this Judgment, I shall dispose of an
application/ appeal u/s 340(2) Cr PC r/w Sec. 104 CPC
moved ... applicant/appellant that he had moved any such
application u/s 340(1) Cr PC either before Ld. RC or Ld.
ARC. In the absence