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
Section 340 Cr.P.C, after giving notice in Form 33 to
CRL.R.P. NO. 2567/2008
4
Appendix 1 of the Criminal Rules ... referred to in sub- Section 2 of Section
343 Cr.P.C cannot obviously refer to an appeal under Section 341
Cr.P.C because
explain
how in the light of Section 340 Cr.P.C without filing an appeal
under Section 341 Cr.P.C, the petitioner can seek ... under Section 341 Cr.P.C is possible only when an
application to make a complaint under Section 340 Cr.P.C has
been rejected
Code of Criminal Procedure does not provide for any appeal from an order passed under Section 340 of the Code of Criminal Procedure ... section (2) of Section 340 is specifically excluded for the purpose of appeal to the superior Court under Section 341(1), Crl. P.C. This
appellant
herein preferred this appeal under Section 341 of Cr.P.C.
4. Section 341 of Cr.P.C. reads as follows :-
"Any person ... Cr.P.C. it is crystal clear that an
appeal can be preferred against the order under Section
340 of Cr.P.C
provided under Section 341(1) of Cr. P. C, against the order passed under Section 340 of Cr. P. C. to the Court to which ... Cr.P.C., a revision lies to this Court only under Section 482 of Cr. P. C. and no revision lies under Section
2009
O R D E R
"CR"
V. RAMKUMAR, J.
= = = = = = = = = = = = =
Crl.Appeal.Nos.1176 & 1177 of 2009
= = = = = = = = = = = = = =
Dated this the 21st ... 341 Cr.P.C, the appellant
challenges the prosecution ordered against him by the Motor
Accidents Claims Tribunal (MACT for short), Kozhikode in O.P
THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
27.01.2025, THE COURT ON 04.02.2025 DELIVERED THE FOLLOWING:
Criminal Appeal No.1537 ... C.S.SUDHA, J.
-------------------------------------------------------
Criminal Appeal No.1537 of 2023
-------------------------------------------------------
Dated this the 04th day of February 2025
JUDGMENT
This appeal under Section 341 Cr
investigation under section 156(3) Cr.P.C a preliminary
enquiry as contemplated under section 340 , Cr.P.C should have
been conducted ... section 195 , Cr.P.C.
There cannot be any doubt with respect to the position that the bar
under section 195 , Cr.P.C would
Cr. 442/12 u/s 447 , 427 IPC- Acquitted U/S
320(8) CrPC .
7. Cr. 32/05 u/s 341 , 323 IPC ... IPC - Acquitted U/S
255(1) CrPC on 24.07.2009
13. Cr. 73/06 u/s 324 , 34 IPC- Acquitted
14. Cr