Cr.P.C. read with Sections
195 Cr.P.C. for the offences alleged to have been
committed under Section 191 , 192 , 193 ... confined his submission only with regard to
initiation of proceeding to Sec. 340 Cr.P.C. It is his
contention that the direction given
petitioner is further aggrieved by the direction to issue notice under Section 340 , Cr.P.C. to the Executive Engineer, Rajasthan State Electricity Board ... learned Counsel was that the direction to issue notice under Section 340 Cr.P.C., the Executive Engineer and Asstt. Engineer were not called
against him cannot be supported in terms of either Section 344 or 340 Cr.P.C . Even rule 13 of the Delhi Police (Punishment ... CrPC and there was no application for that purpose from the Respondents. Moreover, Section 344 of CrPC prescribes summary procedure
averments.
Hence, there was no ground for directing enquiry under Section 340 CrPC.
It is further submitted that insofar as sworning ... fresh affidavits on
24.08.2023. Given the fact that our application u/s
340 Cr.P.C. was filed on 01.08.2023, the fresh
affidavits were filed
applicant had to move a Petition under Section 193 IPC and Section 340 Cr.PC before the Tribunal to take cognizance of the same ... enquiries. The purpose behind Section 199 IPC and the checks and balances provided under Section 195 and 340 Cr.PC will have to enter
another for the blow given to Y."
Section 340 of Criminal Procedure Code reads as under:-
"Procedure in cases mentioned in section ... IPC as
disclosed by the applicant in his application are attracted. The
inquiry, taking the recourse to the provisions of section 340
reviewed.
5. On behalf of the applicant, an application under Section 340 Cr.P.C. for initiating the proceedings against the respondents was also filed ... respondent No. 2 to show cause as to why proceedings under Section 340 Cr.P.C. may not be initiated against them.
6. Heard
only this, it is clear from Section 340 of the Criminal Procedure Code, that if
any Court/Tribunal is of opinion that it is expedient ... hold an inquiry, in the application, filed under
Section 340 of the Criminal Procedure Code, and file complaint, against the
Opposite Parties, under Sections
applicants to initiate
proceedings against the Railway officer under section 340 Cr.P.C. for
filing false affidavit and deliberately misleading the facts ... committed offence under section 193 IPC. Facts disclosed in
the affidavit were false, thus, referring to provision of Section 340
Cr.P.C., learned counsel
aforesaid amount along with @9% per annum. The proceedings under Section 340 Cr.P.C. will be initiated against Ms. Neelam Singh."
3. Aggrieved ... aforesaid fact is false as such a notice u/s 340 Cr.P.C. is issued against Ms. Neelam singh on account of submitting
