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Manmohan Singh vs The State Of Madhya Pradesh on 22 July, 2022 Author: Gurpal Singh

Harkanth vs State Of M.P. on 9 November, 2021 Author: G.S. Ahluwalia Bench

subordinate within the meaning of sub-section (4) of Section 195. (3) A complaint made under this section shall be signed,-- (a) where the Court ... recording a finding to that effect as contemplated under sub-section (1) of Section 340. The words "in or in relation to a proceeding

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

2015, by which the application filed by the applicants under Section 340 of Cr.P.C. has been rejected. 2. The necessary facts for disposal ... order. 16. Section 340 of CrPC reads as under:- "340. Procedure in cases mentioned in section 195. (1) When, upon an application made

Section 195 of IPC. Accordingly, the complaint was filed and an objection was raised by the applicant by filing an application under Section 340 ... point out that Section 343 of the Code specifies that the Magistrate to whom the complaint is made under Section 340 shall proceed to deal

also misconceived. In order to issue a contempt notice, like Section 340 of Cr.P.C./379 of BNSS, a Court is required to make ... under :- "49. There are two preconditions for initiating proceedings under Section 340 CrPC: (i) materials produced before the court must make out a prima

applicant as well as Smt. Ragini Pandey by exercising power under Section 340 of Cr.P.C. The Supreme Court in the case of State ... held that for exercising power under Section 340 of Cr.P.C., the Court is not always under an obligation to conduct an enquiry after

5508/2017, an application under Section 195 r/w Section 340 of Cr.P.C. was filed pleading interalia, that although the CBI has already

November, 2021. 17. The applicant had also moved an application under Section 340 read with Section 195 of Cr.P.C., which was rejected with