death while in police custody.
The respondent filed an application under Sec. 340(1) of the
Criminal Procedure Code before the High Court ... High Court
made under sub-section (1) or sub-section (2) of section 340
is specifically excluded for the purpose of appeal
offence described in Section 463, or punishable under Section 471, Section 475, Section 476 of the said code, when such offence is alleged to have ... Section 195(1)(b)(ii) of the new Code whereas Section 476 of the Old Code is the same as is Section 340
such former court is subordinate
within the meaning of sub-section (4) of
Section.
Section 341 CrPC provides for an appeal to
the court ... consideration which has to be
kept in mind. Sub-section (1) of Section 340
CrPC contemplates holding of a preliminary
enquiry. Normally, a direction
section (1) of Section 343 would
unequivocally testify, a Magistrate to whom a complaint
is made under Section 340 or Section 341 shall,
notwithstanding ... under
Sections 120B , 193 , 218 , 468 , 471 , 420 IPC r/w Section
511 of IPC whereupon a complaint was made under
Section 340
Whether
the court would be barred from ent ertaining an
application under Section 340 CrPC even in cases
where a party files pleadings being ... Court.
(4) In this section, "Court" has the same
meaning as in section 195 .
21. Section 340 CrPC lays down the procedure
application any Court other than a High Court has refused to make a complaint under sub- section
(1) or sub- section (2) of section 340 ... Section (2) of Section 476 of the Old Code, which is equivalent to sub-Section
(2) of Section 340. The said provisions both
Court.
(3) The trial Judge himself has wrongly entertained the
application under section 340 of Cr.P.C. and invoked
the powers by taking ... under
Section 141 of Civil Procedure Code, has nothing to do
with a preliminary inquiry contemplated under sub-
section (1) of Section 340
judicial proceedings where provisions of Section 195 are attracted and
an application is filed under Section 340 , the Court is competent to
take appropriate ... behalf of
respondent No.4.
This is an application u/s 340 Cr.P.C. probate was
gratned by this Court in respect
Section 195(1)(b)(ii) for
interpreting Section 195(1)(b)(i) will be discussed by us later.
11
5.1 Section 340 , CrPC prescribes ... their
share in the disputed property. Since the respondents’
application under Section 340 , CrPC was not disposed of, they
filed a criminal complaint
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
