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
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
Section 416 / 417 / 430 IPC, Circle S.P. Zone. Vide
impugned order the Municipal Magistrate (East) dismissed
application under Section 340 Cr.P.C, moved ... under Section 340 Cr.P.C.
● That failure of the Municipal Magistrate to pass a valid order under
Section 340 Cr.P.C had deprived
under Section 482 of the Cr.P.C.
11. The learned counsel for the appellant/State, referring
to Section 343(1) Cr.P.C ... Cr.P.C., the Magistrate, on
receiving the complaint, has to deal with it under Sections
7
238 to 243 Cr.P.C
record.
The present criminal appeal has been filed under section 341 Cr.P.C for setting
aside order dated 06.04.2016 passed in Original Maintenance Case ... counsel for the appellant referring to section 341 Cr.P.C which reads as
under;
"341. Appeal. (1) Any person on whose application
State Of Karnataka vs Selvi J. Jayalalitha & Ors on 14 February, 2017
Equivalent citations
which has to
be kept in mind. Sub- section (1) of Section 340
Cr.P.C. contemplates holding of a preliminary
enquiry. Normally, a direction ... provisions of Sections 193 and 196 IPC were not
made out and the provisions contained in Section 195 Cr.P.C.
created a bar upon
341 Cr.P.C. provides for an appeal to the Court to
which such former Court is subordinate within the meaning of
sub-section ... appeal is decided.
18. In view of the language used in Section 340 Cr.P.C. the
Court is not bound to make a complaint
Author: S.P.Garg
Bench: S.P.Garg
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : JANUARY 11,2017
+ CRL ... JUSTICE S.P.GARG
S.P.GARG, J. (ORAL)
1. Present appeal under Section 341 Cr.P.C. has been preferred by
the appellant Anand
APPEAL IS FILED U/SEC.341 OF
CR.P.C. SEEKING TO SET ASIDE THE PROCEEDINGS IN
C.C.NO.90/2010 ON THE FILE ... APPEAL IS FILED U/SEC.341 OF
CR.P.C. SEEKING TO SET ASIDE THE PROCEEDINGS IN
C.C.NO.90/2010 ON THE FILE
