AI Overview...
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Offence Affecting Administration of Justice - The primary purpose of initiating an inquiry under Section 340 of the Criminal Procedure Code (Cr.P.C) is to determine whether it is expedient in the interest of justice to proceed with an inquiry into the alleged offence affecting the administration of justice. At this stage, the court does not decide guilt or innocence but assesses the expediency of an inquiry. Several references emphasize that the court's role is limited to this preliminary assessment, and the decision to proceed is based on whether justice warrants an inquiry PUNEET ANAND VS LT. GOVERNOR, GOVT. OF NCT DELHI - Delhi, Gurvinder Gaur, Proprietor, Guru International, Kolkattaa VS Surya Agencies, rep. by Power of Attorney, V. Sasikumar & Another - Madras, Pritish VS State of Maharashtra - Rajasthan, Pritish VS State Of Maharashtra - Supreme Court, Pritish VS State of Maharashtra - Crimes, Pritish VS State of Maharashtra - Orissa, HRIDAYANGSHU BHATTACHARJEE VS STATE OF JHARKHAND - Jharkhand.
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Scope of Inquiry and Legal Principles - The inquiry under Section 340 is a pre-trial process aimed at safeguarding the administration of justice, especially in cases involving forged documents or false evidence. The court considers whether an inquiry is necessary and expedient, without delving into guilt at this stage. Principles of natural justice are maintained, and the opportunity to be heard, although not always provided before ordering an inquiry, is considered essential in subsequent proceedings Pritish VS State of Maharashtra - Orissa.
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Specific Offences and Legal Provisions - The sources highlight that offences affecting the administration of justice include forgery, false evidence, and related misconduct. The law provides mechanisms under Sections 340 and related provisions to initiate inquiries into such offences, ensuring the integrity of judicial proceedings. The court's formation of an opinion about the expediency of an inquiry is a crucial procedural step, and it must be based on the facts and circumstances indicating the need to protect justice Pritish VS State of Maharashtra - Rajasthan, Satyanarain S/o Shri Mahadev Prasad VS State of Rajasthan - Rajasthan.
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Conclusion - The legal framework underscores that inquiries under Section 340 Cr.P.C are preventive and procedural, focusing on whether an investigation is necessary to uphold justice. The decision is not about guilt but about safeguarding the integrity of judicial processes, with the court acting as a gatekeeper to prevent abuse of process and ensure justice is served PUNEET ANAND VS LT. GOVERNOR, GOVT. OF NCT DELHI - Delhi, Gurvinder Gaur, Proprietor, Guru International, Kolkattaa VS Surya Agencies, rep. by Power of Attorney, V. Sasikumar & Another - Madras, HRIDAYANGSHU BHATTACHARJEE VS STATE OF JHARKHAND - Jharkhand.
Search Results for "Inquiry into any Offence Affecting Administration of Justice"
2004 0 Supreme(Del) 190 • India - Delhi
MANMOHAN SARIN
to make an inquiry into the alleged offence affecting the administration of justice. ... Therefore, it was not expedient or in the interest of justice to make an inquiry into the alleged offence affecting the administration ... affecting the administration of justice under Section 340 Cr. ... to make an enquiry into the alleged offenc....
2009 0 Supreme(Mad) 1360 • India - Madras
R.REGUPATHI
into an offence affecting administration of justice is expedient in the interest of justice. ... into an offence affecting administration of justice, without deciding guilt or innocence. ... that the Court's role at the stage of Section 340 of the Cr.P.C is not to decide guilt or innocence, but to determine whether an inquiry ... At that stage the Court only considers whether it is expedient in the interest of #HL_....
2001 0 Supreme(Raj) 1239 • India - Rajasthan
K.T.THOMAS, S.N.PHUKAN, Y.K.SABHARWAL
offence affecting administration of justice. ... Cr.P.C., 1973, Sec. 340 – As to offences affecting the administration of justice – Using forged documents – There is no statutory ... At that stage the court only considers whether it is expedient in the interest of justice that an inquiry should be made into any ... At that stage the court only considers whether it is expedient in the interest of justice#H....
2001 8 Supreme 336 • India - Supreme Court
K.T.THOMAS, S.N.PHUKAN, Y.K.SABHARWAL
offence affecting administration of justice. ... XXVI-As to offences affecting the administration of Justice-Sections 340(i)-Formation of an opinion by the Court that an enquiry ... to pre-trial enquiry by Magistrate-Offences affecting administration of justice-Fall under warrant case as defined in Section 2( ... At that stage the court only co....
2001 8 Supreme 336 • India - Crimes
K.T.THOMAS, Y.K.SABHARWAL, S.N.PHUKAN
offence affecting administration of justice. ... to pre-trial enquiry by Magistrate—Offences affecting administration of justice—Fall under warrant case as defined in Section 2( ... XXVI—As to offences affecting the administration of Justice—Sections 340(i)—Formation of an opinion by the Court that an enquiry ... At that stage the court only ....
2017 0 Supreme(Raj) 1190 • India - Rajasthan
P.K.LOHRA
an accused for offences affecting the administration of justice. 2. ... . - Cognizance of Offences - Custodia Legis - Forgery - Preliminary Inquiry - Expediency in the Interest of Justice - Abuse of Process ... of justice to initiate proceedings against the accused. ... The heading of this Chapter is - "Provisions as to Offences Affecting the Administration of Justice." ... The f....
2008 0 Supreme(AP) 543 • India - Andhra Pradesh
G.YETHIRAJULU
Sections 475, 476, 465, 468, 120 – Mistake of Fact – Petitioners are A-1 to A-4 in Crime of Police Station, registered for the offence ... Section committed with respect to a document in custodia egis i.e. in the custody of the Court – It is further held that if any offence ... Section 195(1)(b)(ii) of the Code would not come into play and there is no embargo on the power of Court to take cognizance of the offence ... At that stage the court only considers whether it is expedient in the interest of justice that an #HL_ST....
2001 0 Supreme(MP) 726 • India - Madhya Pradesh
K.T.THOMAS, S.N.PHUKAN, Y.K.SABHARWAL
offence affecting administration of justice. ... affecting the administration of justice". ... The said Court further found that the appellant and one Rajkumar Anandrao Gulhane have committed offences affecting the administration
2001 0 Supreme(Ori) 393 • India - Orissa
K.T.THOMAS, S.N.PHUKAN, Y.K.SABHARWAL
was vitiated as no opportunity was given to him of being heard beforehand — Held, decision to order enquiry for offence does not ... CRIMINAL PROCEDURE CODE, 1973 — Secs. 340 to 344 — Inquiry to be held into charges for giving false oral evidence and producing forged ... amount to holding guilty — Principles of natural justice would not be hampered by not hearing the person at the stage of deciding ... At that stage, the Court only considers whether it is expedient in the interest of justice that an #HL....
2002 0 Supreme(Jhk) 763 • India - Jharkhand
D.N.PRASAD
Ratio Decidendi: The judgment emphasized the scope of preliminary inquiry under Section 340 of the Code, the interrelation ... The court analyzed the provisions of Section 195 and Section 340 of the Code, their interrelation, and the scope of preliminary inquiry ... The case arose from a Title Suit and an Eviction Suit, involving allegations of forged documents and the need for a preliminary inquiry ... where it is expedient in the interest of justice that an inquiry should be made into any o....
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