CRL.M.C. 5247/2015 Page 3 of 33
Probate Case No. 317/1994 (134/93) under Section 340 of the Code of
Criminal Procedure ... Crl .) 108 of 2015, decided on
04.08.2015 to the effect that the exercise of discretion under Section
340 of the Code of Criminal Procedure
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
passed
by the court below on the application filed under
section 340 Cr.P.C. in O.S.No.10344/2006 on the
file ... course of proceedings, the appellant
:: 3 ::
made an application under section 340 Cr.P.C.
requesting the court to take action against the
respondent
IPC. It is to be
noted that Section 340 CrPC creates a bar against taking cognizance of an offence
in certain specified situations ... contained under
section 195 (1) (b) (ii) of the Criminal Procedure Code is not applicable to a case
where a forgery of document was committed
interpretation of Section 195(1)(b)(ii) of Code of
Criminal Procedure 1973 (for short ' Cr.P.C .'), this appeal has been placed ... prosecutions as contemplated by Section 476 (of the old Code which now
corresponds to Section 340 Cr.P.C.) only if there is a reasonable
necessary that the court must use the actual words of Section
340 Cr.P.C.; but the court should record a finding indicating its
satisfaction ... justice that an
enquiry should be made. Observing that under Section 340
Cr.P.C., the prosecution is to be launched only
filed by the Respondent under Section 482 of the
Code of Criminal Procedure, 1973 (“ CrPC ”) seeking quashing of
the proceedings, which has been ... particularly to answer the following questions:
(i) Whether Section 340 of the Code of Criminal
Procedure, 1973 mandates a preliminary inquiry and
an opportunity
submission. The question whether Sections 195 and 340 of the Criminal Procedure Code affect the power of the police to investigate into a cognizable offence ... material collected during investigation provided that procedure laid down in Section 340 Criminal Procedure Code is followed. Thus no right of the Respondents, much less
IPC, on the basis of complaint filed by the learned Sub-ordinate Judge, Puri, under Section 340(1) Cr.P.C. The petitioners also assail ... given in Section 340 and Sub-sections (1) and (2) thereof are being reproduced below:
340. Procedure in cases mentioned in Section 195(1) When
this affidavit is the foundation for action under Section 340 , Criminal Procedure Code.
3. Heard Shri Fakhruddin, Senior Advocate assisted by Shri Rashid Siddiqui, Advocate ... prayer of the appellant for action under Section 340 , Criminal Procedure Code and did not form any opinion as to whether any case for action
