Section 341 in The Code of Criminal Procedure, 1973
341. Appeal.
(1) Any person on whose application any Court other than a High Court ... refused to make a complaint under sub-section (1) or sub-section (2) of Section 340, or against whom such a complaint has been made
proceedings under Section
340 of Cr.P.C., no revision will lie to this court under Section 115
C.P.C. It is further held ... Cr.P.C., it will lie only under Section 482
Cr.P.C. as no revision will lie under Section 397 Cr.P.C. because
Cr.P.C. would indicate that it provides
the procedure of appeal in terms of hierarchy of Court mentioned in
Section 195 Cr.P.C ... 341 Cr.P.C. cannot be read in
isolation, without reading and examining the provisions of Section
195 (4) Cr.P.C. Section 341 Cr
Cr.P.C. (corresponding to Section 380 BNSS) provides an appeal against the order passed u/s 340 Cr.P.C. (corresponding to Section ... Court u/s 340 Cr.P.C. (corresponding to Section 379 BNSS) and observed that if the order u/s 340 Cr.P.C. (corresponding
Cr.P.C., then only a revision under
Section 397 Cr.P.C. will lie and not the appeal under the provisions of
Section 341 ... therefore discharged the
petitioner. As per Section 238 Cr.P.C., firstly compliance of Section
207 Cr.P.C. is to be made by supplying
Code of Criminal Procedure , 1973 corresponding to section 195(1)(b) and (c) of the 1898 Code provides that no court shall take cognizance ... that since the application under section 340(1) and the appeal under section 341 of the Code of Criminal Procedure were filed before Civil Courts
Section 476 of the old Code of Criminal Procedure . However, the matter
appears to have been considered under the new Code of Criminal Procedure .
Upon ... Code of Criminal Procedure , was noticed in the following words at
paragraph 19 of the report:
"19. ... Under section 476B , Cr.P.C
clear that
Section 195-A of Cr.P.C. has not been included in
Section 340 of Cr.P.C. However, I have already pointed ... very application under
Section 195-A of Cr.P.C. also comes within purview of
Section 340 of Cr.P.C. since offences are against
remedy by way of appeal under Section 341(1) Cr.P.C.
7. Section 341(1) of Cr.P.C. expressly provides
that an appeal ... concept of subordination
contemplated under Section 195(3) and (4) Cr.P.C ., the
appeal under Section 341(1) would squarely lie before the
Principal
since appeal lies against an order under Section 340
Cr.PC, the provisions of Section 482 Cr.PC cannot be invoked in this case ... defined under Section 2 (d) Cr.PC as specifically discussed above. That being
so, the complaint under Section 340 Cr.PC itself
