Back
SANJAY KISHAN KAUL, ABHAY S. OKA, VIKRAM NATH
State of Punjab – Appellant
Versus
Jasbir Singh – Respondent
ORDER
1. The matter has been placed before a three Judges Bench arising from a reference made vide order dated 26.02.2020 seeking the following questions to be answered:
'(i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court?
(ii) what is the scope and ambit of such preliminary inquiry?'
2. The impugned judgment of the High Court granting relief to the respondent while dealing with an aspect of forgery in a civil case is predicated on a reasoning that the FIR which was registered against the respondent-accused did not comply with the mandatory requirements of Section 340 read with Section 195 of the Cr.P.C.
3. The FIR had given rise to the provisions since it had been filed without any inquiry and without giving any opportunity to the respondent to be heard.
4. The two Judges Bench of this Court noticing the aforesaid aspect, in order dated 26.02.2020 referred to two judgments of this Court both of three Judges Bench as also to a Constitution Bench of this Court.
5. To put the aspect in the right perspective and in sequence, w
The proposed accused do not have a right to be heard at the stage of inquiry under section 340(1) of the CrPC.
Preliminary inquiries are not mandated under the CrPC but can occur under Section 173(3) of the BNSS with specific guidelines, emphasizing the necessity of FIR registration if a cognizable offence is....
The intentional change of version by a witness to weaken the prosecution case warrants prosecution under Section 195 of CrPC, and a preliminary inquiry is not mandatory in such cases.
The discretion of the magistrate to order a preliminary inquiry and the illustrative nature of the categories mentioned in the Lalita Kumari case.
Section 18A(1)(a) of the SC/ST Act mandates the immediate registration of an FIR upon disclosure of cognizable offences, rendering preliminary inquiries illegal and void, particularly when conducted ....
The main legal point established in the judgment is that for an offence under Section 211, I.P.C. to be made out, the complaint must falsely charge a person with having committed an offence, with the....
The court ruled that initiating perjury proceedings under Section 340 Cr.P.C requires clear evidence of falsehood that impacts judicial proceedings, not mere inaccuracies.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
