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1 - 7 of 7 (0.20 seconds)Section 340 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 341 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 340 in The Indian Penal Code, 1860 [Entire Act]
Iqbal Singh Marwah & Anr vs Meenakshi Marwah & Anr on 11 March, 2005
5. The learned counsel for the appellant on the
strength of the decision of the Apex court reported in
Iqbal Singh Marwah and another Vs. Meenakshi
Marwah and another (2005(4) SCC 370) and Rugmini
Ammal (Dead) by LRs. Vs. V.Narayana Reddiar and
others (2007(12) SCC 611) submitted that the
appellant herein left with no remedy other than by filing an
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Crl.A.No.2138 of 2011
appeal as contemplated under Section 341 of Cr.P.C. It is
also the submission of the learned counsel that the above
two decisions which relied on by the appellant are
rendered by the Constitutional Bench. According to the
learned counsel in this appeal, this Court is bound to
follow the same and the appeal is to be considered on
merit. I am unable to sustain the above contention.
Section 195 in The Indian Penal Code, 1860 [Entire Act]
Surendra Gupta vs Bhawan Devi (Smt) And Another on 5 April, 1994
In the light of the
decision in Surendra Gupta's case, the right of an
accused or a person against whom an order under Section
341 or 342 is passed, will be accrued only when a
complaint is actually filed. The decision cited by the
learned counsel for the appellant are not directly on the
point and the dictums laid down in the above decisions do
not confer any right on a person against whom an order is
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Crl.A.No.2138 of 2011
passed under Section 340 Sub Section (1) or Sub Section
(2) of Section 340 of Cr.P.C. Therefore, the present appeal
is not maintainable at the instance of the appellant.
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