Section 340 Cr.PC., the proceedings are
violative of the procedure mandated by Section 340 Cr.PC.
(iv) that the Court lacks jurisdiction since ... respondent under Sections
406 and 420 IPC, already having been dismissed, the proceedings under
Section 340 Cr.P.C. would not be maintainable
Malout, dismissing the application of the petitioner for
initiating proceedings under Section 340 Cr.P.C. against the respondent.
Brief facts of the case ... suit, the petitioner, who
was plaintiff, filed an application under Section 340 Cr.P.C. seeking
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well established principle of law that for exercising power
under Section 340 of Cr.P.C., preliminary enquiry is not mandatory,
and if the Court ... basis of material
available on record, then the power under Section 340 of Cr.P.C. can
be exercised. The Supreme Court in the case
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
appearing for petitioner in Crl.
Appeal No. S-1820-SB of 2010 submits that mandatory provisions
provided under Section 340 Cr.P.C. have ... Code the magistrate
concerned has to follow the procedure prescribed in Chapter
XIX of the Code. In this context we may point out that Section
recorded the statement of the witnesses and then followed the
procedure under Section 340 of Cr.P.C., and thereafter forwarded the case ... take cognizance as complaint
case procedure. Thereby, the procedure contemplated under Sections 340 r/w.
195(1)(b) of Cr.P.C ., have not been
recorded the statement of the witnesses and then followed the
procedure under Section 340 of Cr.P.C., and thereafter forwarded the case ... take cognizance as complaint
case procedure. Thereby, the procedure contemplated under Sections 340 r/w.
195(1)(b) of Cr.P.C ., have not been
complaint against the
second respondent to be one barred under section 340 Cr.P.C.
5. Learned counsel for the revision petitioner would contend that ... countenance the above said contention. For better appreciation, the
entire section 340 Cr.P.C. is reproduced hereunder:
340. Procedure in cases mentioned in section
another , 2005 (2) RCR Criminal 178, which reads as under:
"18. In view of the language used in Section 340 ... IPC Police Station Anandpur Sahib, District
Rupnagar. As per the mandatory provisions of Section 340 Cr.P.C, the SDJM
was required to record
action under sections 193 , 196 , 199 , 200 , 471 I.P.C. by initiating proceedings under Section 340 Cr.P.C. read with Section 195 ... Section 340 Cr.P.C. read with Section 195 Cr.P.C."
In the reply submitted to such application under Section 340
