AI Overview...
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Section 340 of the Criminal Procedure Code (Cr.P.C.) - It pertains to the initiation of proceedings when a court is satisfied that a person has committed a civil contempt or has been guilty of any other offence related to the administration of justice, such as fabricating evidence or submitting false documents. The section mandates a mandatory preliminary inquiry before issuing any process against the individual T.P.SANTHOSH KUMAR Vs STATE OF KERALA AND ANOTHER - Kerala.
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Procedure for Disposing of an Application under Section 340:
- Filing of Complaint/Report: An application or complaint can be made by the court suo motu or on a complaint, alleging an offence under Section 340 SURYA NATH SINGH VS STATE OF U. P. - Allahabad.
- Preliminary Inquiry: The court must conduct a mandatory preliminary inquiry to ascertain whether there are sufficient grounds to proceed. This inquiry involves examining the evidence and hearing the person accused to determine if there is a prima facie case T.P.SANTHOSH KUMAR Vs STATE OF KERALA AND ANOTHER - Kerala.
- Initiation of Proceedings: If the inquiry finds sufficient grounds, the court can then issue process (summons or warrant) to the accused to face trial or proceedings under Section 340 Suresh Raj, S/o. Arasiratnam VS National Investigation Agency - Kerala.
- Issuance of Process: The process issued must be in accordance with the findings of the preliminary inquiry; the court should only initiate proceedings if it is expedient and justified based on the inquiry's outcome IN REF. AS PER HON’BLE COURT ORDER DATED 2-5-2014 PASSED IN MCC NO. 287/2010 VS GULABCHAND AND CO. , RAIPUR - Madhya Pradesh.
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Legal Safeguards: The accused has the right to be heard and to present evidence before proceedings are initiated, ensuring fairness T.P.SANTHOSH KUMAR Vs STATE OF KERALA AND ANOTHER - Kerala.
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Key Insights:
- The mandatory nature of the preliminary inquiry is emphasized to prevent frivolous proceedings.
- The timing of proceedings and sufficiency of evidence are critical considerations before initiating process under Section 340.
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Courts have held that proceedings under Section 340 are discretionary and should be initiated only when expedient and justified IN REF. AS PER HON’BLE COURT ORDER DATED 2-5-2014 PASSED IN MCC NO. 287/2010 VS GULABCHAND AND CO. , RAIPUR - Madhya Pradesh.
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Analysis and Conclusion:
- The process under Section 340 involves a preliminary inquiry to establish whether there are sufficient grounds for proceedings, safeguarding against unwarranted harassment.
- Once the inquiry finds merit, the court can issue process to initiate formal proceedings.
- Proper adherence to the procedural safeguards ensures fair trial rights and prevents misuse of the section T.P.SANTHOSH KUMAR Vs STATE OF KERALA AND ANOTHER - Kerala.
References: - T.P.SANTHOSH KUMAR Vs STATE OF KERALA AND ANOTHER - Kerala - SURYA NATH SINGH VS STATE OF U. P. - Allahabad - Suresh Raj, S/o. Arasiratnam VS National Investigation Agency - Kerala - IN REF. AS PER HON’BLE COURT ORDER DATED 2-5-2014 PASSED IN MCC NO. 287/2010 VS GULABCHAND AND CO. , RAIPUR - Madhya Pradesh
Search Results for "What is the Process for Disposing of an Application under Section 340 of the Criminal Procedure Code"
• India - Delhi High Court
MANMOHAN, MANMEET PRITAM SINGH ARORA
(A) Income Tax Act, 1961 - Section 148 and 149 - Challenge to validity of notices issued under Section 148 for AY 2013-14. ... ... ... Issues: The primary questions addressed include the validity of the notice issuance process, the implications of distinct ... ... ... Ratio Decidendi: The court ruled that the date of issuance for Section 148 notices is critical and must be ascertained to ... Section #....
• India - Delhi High Court
MANMOHAN, MANMEET PRITAM SINGH ARORA
court reasoned that notices must provide the Assessee with an opportunity to respond, and issuance dates significantly impact the application ... are issued post-31st March, 2021, provisions under amended Section 148A(b) apply. ... (A) Income Tax Act, 1961 - Section 148 - Review Petition regarding validity of reassessment notice - Assessment order dated 26th ... Section 340 of Criminal Procedure....
2011 0 Supreme(P&H) 1469 • India - Punjab and Haryana
AUGUSTINE GEORGE MASIH
cases where successive applications are preferred under Section 482 Cr.P.C. by the same person where the earlier petition stands ... 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 ... decided and the judgment or final order disposing of the case stands signed by the Court....
2010 0 Supreme(All) 2921 • India - Allahabad
SHRI KANT TRIPATHI
inquiry under Section 340 of Cr.P.C. ... complaint under Section 340 of Cr.P.C. ... Commissioner while disposing of revision under Section 219 of Act found forged entry in revenue record against applicants—He filed ... Procedure in cases mentioned in Section 195.—(1) When upon an application made to....
2010 Supreme(Online)(KER) 1943 • India - High Court of Kerala
M.SASIDHARAN NAMBIAR, J
Enquiry - Criminal Procedure - Code of Criminal Procedure Section 340 - The court held that a mandatory enquiry under Section ... Issues: Whether the lack of a preliminary enquiry under Section 340 of the Code of Criminal Procedure invalidates the complaint ... 340 of the Criminal Procedure Code. .....
2022 0 Supreme(Ker) 350 • India - Kerala
K.VINOD CHANDRAN, C.JAYACHANDRAN
, if any, of the appellant in insisting a course under Section 340, Cr.P.C, in preference to the one under Section 200, Cr.P.C. ... A complaint under Section 340 and the one under Section 200 of the Code, both, are to be adjudicated based on the evidence adduced ... A complaint under Section 340 and....
1980 0 Supreme(Bom) 145 • India - Bombay
B.J.RELE
CRIMINAL PROCEDURE CODE - SECTION 344 - INTERPRETATION - ELECTION OF PROCEEDINGS - SUMMARY TRIAL OR COMPLAINT - SECTION 340 - ... 340 of the New Code, even though it had initially initiated proceedings under section 344. ... Whether the trial court had the jurisdiction to file a complaint under section 340 of the New Code#HL....
2016 0 Supreme(MP) 1129 • India - Madhya Pradesh
S.C.SHARMA, VED PRAKASH SHARMA
of initiating proceedings under section 340, Criminal Procedure Code. ... Ratio Decidendi: The court should only initiate proceedings under section 340, Criminal Procedure Code if it is expedient ... Issues: False details submitted by the respondent, initiation of proceedings under section 340, Criminal Procedure Code, and ... Offic....
2003 0 Supreme(Bom) 833 • India - Bombay
V.G.PALSHIKAR, D.B.BHOSALE
Criminal Procedure Code, 1973 - Section 156(3) and 195, Article 226 Constitution of India and Sections 120-B, 420, 464, 465, 467 ... All these cases pertain to application of section 195 of the Code to the facts of each case on merits. ... Then section 202 provides for postponement of issue of process. ... laid down in section #HL_STA....
2019 0 Supreme(Ker) 354 • India - Kerala
T.V.ANILKUMAR
prior to issue of process against him. ... Code of Criminal Procedure 1993 - Section 482 ,Section 344 -Once the court determines to proceed against the perjurer under Section ... /2017 against the petitioner following its decision to proceed against him under Section 344 of the Code. ... prior to issue of process against him. ... Summary proc....
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