Application under Section 340 of Cr.P.C. is maintainable before consolidation authorities as judicial proceedings cover such matters.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Abhishek Krishna, learned counsel for the applicant and learned AGA for the State.

2. The present application has been filed for the following relief:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Settlement Officer of Consolidation, District Azamgarh to conclude and decide the Misc. Case No.5 of 2023 [Sufia Vs Mohd. Wamik) under Section 340(2) of Cr. P.C., as well as direct the Consolidation Officer Phoolpur, District Azamgarh to conclude and decide the Misc. Case of 2019 (Sufia Vs Mohd. Wamik) under Section 340 of Cr. P.C., pending before them for a long time, within the shortest period of time to be stipulated by the Hon'ble Court to avoid all inconvenience to the Applicant in the interest of justice."

3. Learned AGA has raised preliminary objection that application u/s 340 Cr.P.C. is not maintainable before the Consolidation Officer as the consolidation authorities are not the competent court as required u/s 340 Cr.P.C.

4. Learned counsel for the applicant in reply to the preliminary objection raised by the learned AGA submitted that proceeding before the consolidation authorities is judicial proceeding as per Section 40 of Uttar Pradesh Consolidation Holdings Act, 1953 (in short 'the Act, 1953'). Therefore, if any false evidence has been filed before the Consolidation Officer then the application u/s 340 Cr.P.C. would be maintainable before the Consolidation Officer.

5. To decide the aforesaid legal issue, it would be appropriate to discuss basic ingredients of Section 340 Cr.P.C. For ready reference, Section 340 Cr.P.C. (corresponding Section 379 BNSS) is being quoted as under:

"340. Procedure in cases mentioned in Section 195.

(1) When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, -

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such magistrate; and (e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195.

(3) A complaint made under this section shall be signed, -

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.

(4) In this section, "Court" has the same meaning as in Section 195."

6. From perusal of Section 340 Cr.P.C., it is clear that it basically provides procedure for conducting preliminary enquiry to satisfy whether offence u/