Section 342 in The Code of Criminal Procedure, 1973
342. Power to order costs.
- Any Court dealing with an application made to it for filing ... complaint under Section 340 or an appeal under Section 341, shall have power to make such order as to costs as may be just
High Court under Section 342 , Criminal Procedure Code, itself, or might be exercised under Section 561-A , Criminal Procedure Code, if circumstances of a case ... under Section 374 , Criminal Procedure Code, the High Court hears the reference after disposing of the appeal, and Section 375 , Criminal Procedure Code
case Under Section 242 , Criminal Procedure Code, following the procedure prescribed for the Uial of summons cases.
7. Section 342 Criminal Procedure Code ... into conflict. If Section 342 , Criminal Procedure Code should be construed as applying to the procedure in summons cases, that Section imposes an obligation
342
Cr.P.C. which reflects that provisions of Section 342 read with
Section 294 Cr.P.C. have not been complied with.
8. Section ... Section 342 Cr.P.C. read with Section 274
Cr.P.C. providing appellants the right(s) as are envisaged under
Section 342 / 274
evidence is not put to the accused during his
examination under Section 342 CrPC, the Court must eschew such evidence
from consideration ... ruled as below:
"Section 342 of the Code « C1 iminal Procedure, 1898, casts
a duty on the Court at any enquiry or trial, questions
section (4) to Section 342 whereunder no oath shall be administered to the accused when examined under Sub-section (1) thereof. However. Section 342 ... statement under Sub-section (1) to Section 342. is not however subject to any cross-examination.
24. When examined under Section 342.
answer to
questions under section 342 , Criminal Procedure Code by the
learned Sessions Judge, he admitted that the deceased came
to the Income-tax Office ... also
significant that the appellant when he was questioned under
section 342 , Criminal Procedure Code in the court of the
Committing Magistrate did not specifically
taken was that as the accused were not properly questioned Under Section 342 , Cr.P.C. the prosecution should fail Section 342 , ... There is no doubt that the examination of the accused Under Section 342 , Cr.P.C. in this case is highly defective. But that does
based on the argument that the provisions of Section 342 , Criminal Procedure Code were not complied with by the trial court.
2. The appellant ... under Sections 379 / 411 , Indian Penal Code. But in the trial court the charges were confined to Section 411 . Indian Penal Code and Section
Code of Criminal Procedure,
1898 (for short, ‘ CrPC of 1898’). Section 313 of
CrPC and Section 342 of CrPC ... while dealing
with Section 342 of the Criminal
Procedure Code, 1898
(corresponding to Section 313 of the
Code). Nonindication of inculpatory
material
