Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - ss.340 195(1)(i){b) and ss.238-243 & 343 - Legality of proceedings initiated by the High Court u/s.340 Cr.P.C. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - ss.340, 195(1)(i){b) and ss.238-243 & 343 - Legality of proceedings initiated by the High Court u/s.340 Cr.P.C. - Contradictory stand taken by the appellant in judicial proceedings - High Court took the view that the conduct of appellant has affected the administration of justice - Registrar of High Court was directed to file a complaint against the appellant uls.340 - Appellant pleaded that High Court has not followed the D _procedure uls.340(1) - Held: In the instant case, High Court has not followed all the requirements u/s.340 Cr.P.C. as settled by Supreme Court, regarding the formation of opinion on expediency to initiate an inquiry into any offence ulss. 193 to I96,199, 200 etc. of lP.C - After forming opinion, the court has to take decision as E to whether it is required, in the facts and circumstances of the case, to file the complaint - Only if the decision is in affirmative, the court needs to make a complaint in writing and the complaint thus made in writing is then to be sent to a Magistrate of competent iurisdiction -:- In the present situation, High Court has not followed the procedure in making the opinion that it was expedient in the F interest of justice to file a complaint against the appellant uls.340 CnP. C. - Impugned order to the extent of initiation of the proceedings u/s.340 Cr.P.C. set aside - Penal Code, 1860 - ss. 193-I96, 199, 200, 205-211, 228 - Perjury |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2016 INSC 1056 |
Petitioner | Amarsang Nathaji As Himself And As Karta And Manager |
Respondent | Hardik Harshadbhai Patel And Others |
SCR | [2016] 12 S.C.R. 80 |
Judgement Date | 2016-11-23 |
Case Number | 11120 |
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