AI Overview...
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Legal Nature of Orders under Section 340 Cr.P.C. - Orders passed by tribunals or courts under Section 340 Cr.P.C. are generally considered final and non-revisable, creating a legal embargo against filing revision petitions against such orders. For instance, the order passed under Section 340 by a tribunal is held to be immune from revision, emphasizing the finality of such orders Lakshmi VS Santha - Kerala.
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Procedural Requirements and Limitations - Proper procedural initiation under Section 340 Cr.P.C. is essential. Any lack of proper procedure or delay in filing appeals or revisions can be challenged, but the scope remains limited if the order is under Section 340, as courts recognize the specific procedural safeguards and restrictions associated with these orders DR LAKSHMI NARASIMHA REDDY vs DR B LAXMI TULASI REDDY ALIAS TULASI RANI - Andhra Pradesh.
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Scope of Revision and Court's Power - Certain orders, such as those under Section 341(2) Cr.P.C., are explicitly barred from revision. Courts have held that orders not falling within the revision ambit or those made under specific statutory provisions are immune from revisional scrutiny, reaffirming the limited power of courts to interfere with Section 340 orders AMZAD ALI VS MARFAT ALI BISWAS - Calcutta.
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Distinction between Filing of Complaints and Court Orders - Filing of complaints suo motu or on application is governed by Section 340, which requires that the court or officer act in good faith. The filing of applications or petitions under Section 340 must meet legal requirements, and mere procedural or legal missteps do not necessarily invalidate the process unless they breach statutory mandates Sachin s/o. Sopanrao Bhosale vs Pallavi w/o. Sachin Bhosale - Bombay.
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Condonation of Delay in Filing Appeals or Applications - Courts have demonstrated willingness to condone delays, sometimes substantial (e.g., 340 days), if justified by circumstances such as misunderstandings or legal misinterpretations, even in proceedings related to orders under Section 340 Cr.P.C. This indicates some flexibility in procedural compliance, provided the delay is satisfactorily explained BHARAT HIRALAL PARIKH vs HITESHBHAI BHIKHABHAI GAJERA - Gujarat.
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Legal Challenges and Limitations - Attempts to revisit or alter orders under Section 340 are often challenged on grounds of procedural irregularities, jurisdictional issues, or the finality of the order. Courts have consistently emphasized that orders under Section 340 are subject to limited revisional jurisdiction, and only specific circumstances permit such review Lakshmi VS Santha - Kerala, Sher Mohd. Khan VS Madan Lal - Punjab and Haryana.
Analysis and Conclusion
Orders passed under Section 340 Cr.P.C. are generally considered final and are protected from revision unless specific statutory exceptions apply. The courts emphasize strict adherence to procedural requirements and recognize the limited scope of revisional jurisdiction concerning such orders. While delays in filing applications or appeals can be condoned under justified circumstances, the fundamental principle remains that Section 340 orders are not easily revisable, ensuring finality and procedural integrity in proceedings initiated under this section.
References: - Lakshmi VS Santha - Kerala - DR LAKSHMI NARASIMHA REDDY vs DR B LAXMI TULASI REDDY ALIAS TULASI RANI - Andhra Pradesh - Satyanarayan Nandkishor Pande VS Vijaykumar Gulabchand Sarda - Bombay - Sachin s/o. Sopanrao Bhosale vs Pallavi w/o. Sachin Bhosale - Bombay - BHARAT HIRALAL PARIKH vs HITESHBHAI BHIKHABHAI GAJERA - Gujarat - AMZAD ALI VS MARFAT ALI BISWAS - Calcutta - Sher Mohd. Khan VS Madan Lal - Punjab and Haryana
Search Results for "Legal Requirements for Filing Revision against Section 340 Crpc Order"
2020 0 Supreme(Ker) 223 • India - Kerala
C.K.ABDUL REHIM, B.SUDHEENDRA KUMAR
an order passed by the Tribunal under Section 340 Cr.P.C. ... The order impugned is unquestionably one passed under Section 340 of Cr.P.C. ... passed by the Tribunal under Section 340 Cr.P.C. ... Hence there is a legal embargo created against filing any revision against an order under Section 340#HL....
2024 Supreme(Online)(AP) 17924 • India - High Court of Andhra Pradesh
NYAPATHY VIJAY, J
(A) Hindu Marriage Act, 1955 - Section 9 - Civil Procedure Code, 1908 - Section 35-A - Criminal Procedure Code, 1973 - Section 340 ... lack of proper procedure in initiating action under Section 340 Cr.P.C. ... - Delay in filing appeal - The petitioner challenged the dismissal of his application to condone delay in filing an appeal against ... The learned senior counsel appearing for the Respondent submits that the....
2018 0 Supreme(Bom) 2124 • India - Bombay
S.J.KATHAWALLA
Constitution of India, 1950 - Articles 226, 32 - Code of Criminal Procedure, 1973 - Sections 195, 340, 343 ... Petitioners in view of a clear cut nomination in their names was in itself unwarranted and defective and created mischief - Instead of filing ... and written submissions are yet to be filed this Court should refer said Notice of Motion to Regular Court - In view thereof by Order ... From para 8 of the said order, it is clear that in that matter a case for filing#HL_E....
2023 Supreme(Online)(Bom) 24742 • India - Bombay High Court
KISHORE C. SANT, J
Section 191 of the I.P.C. held that, the officer filing a charge-sheet does not make any statement on oath nor he is bound by any express provision of law to state the truth though being a public servant is obliged to act in good faith. ... For that purpose, one must turn to Section 340 which requires the court desiring to put the law in motion to prefer a complaint either suo motu or an application made to it in that behalf. 16. Section 340 of a href="./.. ... The petition is directe....
• India - High Court of Gujarat
GITA GOPI, J
The judgment examines the application for leave to appeal against an acquittal order under Section 138 of the Negotiable Instruments ... The result is that the delay of 340 days in filing the leave to appeal is condoned, allowing the application to proceed. ... The court identifies the applicant's justified delay of 340 days due to misunderstandings regarding legal representation and jurisdictional ... Prayer is made to condone the delay of 340 days in filin....
2012 0 Supreme(Mad) 4908 • India - Madras
M.Venugopal
False Evidence - Criminal Revision Petition - Section 340 of Cr.P.C., Section 195 of IPC - 191, 193 of IPC - The court discussed ... the application of Section 340 of Cr.P.C. and Section 195 of IPC, the legal provisions for giving false evidence and the punishment ... 340 of Cr.P.C. ... Really speaking, a Respondent in a proceeding under Section 340#HL....
1996 6 Supreme 120 • India - Crimes
K.T.THOMAS, A.S.ANAND
Criminal Procedure Code, 1973 - Section 340 - Indian Penal Code, 1860 - Sections 191 to 193 - Scope of - Petition u/s 340 alleging ... (Atomic Energy Act - Section 26, Official Secrets Act. Section 3/6). ... The filing of the present application appears to us to be an effort to get 'reopened' the case even after this Court decided criminal ... The present petition under Section 340 Cr. ... The ma....
1996 6 Supreme 120 • India - Supreme Court
A.S.ANAND, K.T.THOMAS
Criminal Procedure Code, 1973-Section 340-Indian Penal ... The filing of the present application appears to us to be an effort to get reopened the case even after this Court decided criminal ... (Atomic Energy Act-Section 26; Official Secrets Act-Section a ... Legal submissions cannot be equated to misrepresentation. In our opinion the pleadings fell short of legal requirements to establish fraud. ... No. 1 and No. 2, as per the c....
1997 0 Supreme(Cal) 237 • India - Calcutta
DIBYENDU BHUSAN DUTTA
Whether the impugned order was subject to revision under Section 341(2) CrPC? 3. ... The Court held that the impugned order was not subject to revision under Section 341(2) CrPC, which expressly barred any revision ... The Court further held that the impugned order was not subject to revision under Section 341(2) CrPC, but it could be quashed in ... First, the ....
2011 0 Supreme(P&H) 1469 • India - Punjab and Haryana
AUGUSTINE GEORGE MASIH
of FIR--Altering of Judgment--The bar of Section 362 Cr.P.C. for a petition under Section 482 Cr.P.C. is applicable only in such ... on the Court, would not amount to altering or reviewing the earlier order and would not fall within the bar under Section 362 Cr.P.C ... cases where successive applications are preferred under Section 482 Cr.P.C. by the same person where the earlier petition stands ... proceedings under Secti....
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