under Section
340 of Cr.P.C., no revision will lie to this court under Section 115
C.P.C. It is further held that ... Cr.P.C., it will lie only under Section 482
Cr.P.C. as no revision will lie under Section 397 Cr.P.C. because
Cr.P.C. against the impugned order passed under S.340 Cr.P.C. and in view of the specific bar imposed under S.341 ... under S.340 Cr.P.C. Whether a person, whose application to make a complaint under S.340 Cr.P.C. has been rejected
Cr.P.C, after giving notice in Form 33 to
CRL.R.P. NO. 2567/2008
4
Appendix 1 of the Criminal Rules of Practice ... which the complaint has been
instituted. Section 343 Cr.P.C. reads as follows:
Procedure of Magistrate taking cognizance:- (1) A
Magistrate to whom
light of Section 340 Cr.P.C without filing an appeal
under Section 341 Cr.P.C, the petitioner can seek to invoke the
jurisdiction ... under Section 341 Cr.P.C is possible only when an
application to make a complaint under Section 340 Cr.P.C has
been rejected
Code of Criminal Procedure does not provide for any appeal from an order passed under Section 340 of the Code of Criminal Procedure ... being exercised is criminal jurisdiction. We are supported by the provisions under Section 341 of the Code of Criminal Procedure itself. According to Section 341
appellant
herein preferred this appeal under Section 341 of Cr.P.C.
4. Section 341 of Cr.P.C. reads as follows :-
"Any person ... Cr.P.C. it is crystal clear that an
appeal can be preferred against the order under Section
340 of Cr.P.C
Section 340 of the Cr.P.C., even though an appeal is provided under Section 341(1) of Cr. P. C, against the order passed ... provisions of the Cr.P.C., a revision lies to this Court only under Section 482 of Cr. P. C. and no revision lies under
learned
Magistrate to initiate proceedings under Sec.340 of the Cr.P.C.
against the respondent/complainant. It was alleged that a false
statement ... Cr.P.C. to interfere
with the concurrent findings of both courts rendered in
proceedings under Secs.340 and 341 of the Cr.P.C
2009
O R D E R
"CR"
V. RAMKUMAR, J.
= = = = = = = = = = = = =
Crl.Appeal.Nos.1176 & 1177 of 2009
= = = = = = = = = = = = = =
Dated this the 21st ... practising in the Courts at Kozhikode.
In these appeals filed under Section 341 Cr.P.C, the appellant
challenges the prosecution ordered against
THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
27.01.2025, THE COURT ON 04.02.2025 DELIVERED THE FOLLOWING:
Criminal Appeal No.1537 ... C.S.SUDHA, J.
-------------------------------------------------------
Criminal Appeal No.1537 of 2023
-------------------------------------------------------
Dated this the 04th day of February 2025
JUDGMENT
This appeal under Section 341 Cr
