Crl.2864/2019 Page 7 of 25
Ld.MM being on leave. On 17.09.2019 also the applications filed by
the respondent under Section 340 CrPC ... Advocate Sh. Vijay Aggarwal, Ld.
counsel for applicant of application u/s
340 Cr.PC.
Today the matter is listed for further
pre summoning evidence
action against the first respondent - wife
under section 340 of the Code of Criminal Procedure, 1973 (for short
" Cr.P.C ."). The case ... with section 476 of the Code of Criminal
Procedure, 1898 which is pari materia with section 340 of Cr.P.C. Section
195 of
IPC in the aforesaid session trial. Copy of the application moved u/s 195 / 340 Cr.P.C. has been annexed as Annexure ... wholly illegal and is in violation of procedure laid down therein. He has contended that Section 340 Cr.P.C. did not permit for initiation
semi-literate. Section 340 Cr.P.C. which deals with procedure in such
matters reads as follows:-
340. Procedure in cases mentioned in section ... notice
issued to petitioners to show cause as to why procedure under Section
340 Cr.P.C. be initiated is dropped. Similarly, for the same
Court, Narnaul,
wherein an application filed by the petitioner-husband under Section
340 Cr.PC. has been dismissed.
2. The petitioner's wife ... petition.
8. Section 340 Cr.P.C. which deals with procedure in such matters reads
as follows:-
340. Procedure in cases mentioned in section
material collected during investigation
provided that procedure laid down in Section 340 of
Cr.P.C. is followed. Thus, no right of the respondents,
much ... Others , wherein it is held that
Section 340 consists of four sub-sections. Section 340
of the Code is not deciding the guilt or innocence
IPC and, therefore, it cannot be doubted that procedure under Section 340 Cr.P.C. has to be observed. It is not the case ... Code of Criminal Procedure, 1898 (hereinafter referred to as " Cr.P.C ., 1898") which became Section 340 Cr.P.C. and pointed
cannot try the same. He further submits that the procedure under
Section 340 Cr.P.C. has to be followed.
17. Learned counsel appearing ... inter alia Section 193 I.P.C. (which
is the punishment for Section 192 I.P.C.).
44. Section 340 Cr.P.C. stipulates that
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
holding the application under Section 340 of the Code of
Criminal Procedure, 1973 ( Cr.P.C .) to be not maintainable at this
stage. The senior ... under
Section 209 of the IPC.
17. Once the law has prescribed the procedure of Section 340 of the
Cr.P.C. for making
