been filed under Section 482 of
the Code of Criminal Procedure, 1973 (in short ' Cr.P.C .') seeking
quashing of complaint ... which is culled out
herein below :-
" Section 340 in The Code Of Criminal
Procedure, 1973 in cases mentioned in section 195 .
(1) When, upon
Indian
Penal Code (in short the CODE) vide summoning order dated
26.10.2010 passed by SDJM, Mohali on a complaint filed under
Section 340 ... which is culled out
herein below:-
"Section 340 in The Code Of Criminal Procedure,
1973 in cases mentioned in section 195.
(1) When, upon
semi-literate. Section 340 Cr.P.C. which deals with procedure in such
matters reads as follows:-
340. Procedure in cases mentioned in section ... notice
issued to petitioners to show cause as to why procedure under Section
340 Cr.P.C. be initiated is dropped. Similarly, for the same
Court, Narnaul,
wherein an application filed by the petitioner-husband under Section
340 Cr.PC. has been dismissed.
2. The petitioner's wife ... petition.
8. Section 340 Cr.P.C. which deals with procedure in such matters reads
as follows:-
340. Procedure in cases mentioned in section
Code of Criminal Procedure 1973 makes
provisions as to offences affecting the administration of justice.
Section 340 Criminal Procedure Code, 1973 with which the chapter ... there under the old
section 476-B , Criminal Procedure Code, 1973 Under section 476-
B, Criminal Procedure Code , 1973 (old) there was a right
vide which the application and
appeal (respectively) of the petitioner under Section 340 Cr.P.C. read
with Section 195 Cr.P.C. for registering ... Criminal) 178:
(2005) 4 SCC 370 a Constitution Bench of this Court
has gone into the scope of Section 340 of the CrPC
read with
Section 196 of IPC, could not be launched due to non following the
procedure prescribed under Section 340 ... offence under Section 193 IPC could not have been taken by
the Court as the procedure prescribed under Section 340 Cr.P.C before
making
court.
Section 340 Cr.P.C prescribes the procedure to be followed for the
prosecution of offence under Section 195 Cr.P.C for contempt ... section 482 Cr.P.C. The ingredients to be
satisfied for invoking the provisions of Section 195 Cr.P.C and Section 340
interference.
Heard.
In view of the argument with regard to procedure under Section
340 CrPC was not followed, it is apposite to refer ... rest the
following questions:
"(i) Whether Section 340 of the Code of Criminal
Procedure, 1973 mandates a preliminary inquiry
and an opportunity of hearing
case
Appellants have approached this Court impugning the criminal
complaint dated 03.02.2022 filed under Section 340 Cr.P.C. and impugned
order dated 03.02.2022 passed ... same, respondent No.1 filed an application dated 18.09.2019 under
Section 340 Cr.P.C. against the appellants as a counter-blast to the petition