The criminal appeal against the rejection of a Section 340 Cr.P.C. application before an Additional City Magistrate was dismissed. The Sessions Judge held she could not act as the offence was already under consideration elsewhere.
Criminal Appeal dismissed.
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Court No. - 14
Case :- CRIMINAL APPEAL No. - 1681 of 2003
Appellant :- Sri Ram Maratha Respondent :- State Of U.P. & Another Counsel for Appellant :- P.C. Srivastava,Sarvesh Counsel for Respondent :- Govt.Advocate,S.P. Singh,Shashi Kant Srivastava
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. Learned counsel for the appellant is not present to argue the appeal. Heard Sri L.D. Rajbhar, learned A.G.A., for the State and perused the record.
This appeal under Section 341 Cr.P.C., has been filed against the order dated 14.2.2003 passed by Sessions Judge, Kanpur Nagar in Misc. Case No. Nil of 2003 (Shriram Maratha Vs. Ved Prakash Agrawal and others) whereby the said application of the applicant/appellant under Section 340 Cr.P.C., has been rejected.
Learned Sessions Judge has proceeded to make mention in its order that applicant has submitted application under Section 340 Cr.P.C., on the same fact before the Additional City Magistrate, VII Kanpur Nagar which is pending for consideration and as such, no order has been passed by him.
As per provision of Section 340 Cr.P.C., only the court before which offence has been committed may file complaint under Section 340 Cr.P.C.
In view of above, there is no illegality or infirmity in the impugned order passed by the learned Sessions Judge.
This criminal appeal is dismissed accordingly.
Order Date :- 29.1.2018 Jaswant
2 issues framed by the court
Whether rejection ofSection 340 Cr.P.C. application is illegal when the application is pending before another court.
Whether Section 340 Cr.P.C. complaint can be filed before a court other than where the offence was committed.
2 provisions across 1 enactments
Sri Ram Maratha
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
