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2014 DIGILAW 467 (PNJ)

Anil Kumar v. State of Punjab

2014-03-07

REKHA MITTAL

body2014
JUDGMENT Mrs. Rekha Mittal, J.:- The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure (in short, ‘the Code’) seeking setting aside of order dated 06.03.2013 (Annexure P4), whereby the application filed by respondent No. 2 under Section 340 of the Code read with Section 195 of the Code has been disposed of with a direction to the police to conduct an inquiry. 2. Counsel for the petitioners would submit that the order dated 06.03.2013 is passed exceeding jurisdiction and in complete disregard to the provisions of Section 340 of the Code, therefore, liable to be set aside. 3. Counsel for the respondents is fair enough to concede that there is no provision under section 340 of the Code which empowers a Court to refer the matter to the police to conduct an inquiry. However, it is submitted that the matter may be disposed of by issuance of an appropriate direction to the authority to proceed with the matter in accordance with law. 4. I have heard counsel for the parties and perused the records. 5. Section 340 of the Code deals with procedure in cases mentioned in Section 195 of the Code. A relevant extract from Section 340 of the Code reads as follows: “340. Procedure in cases mentioned in section 195. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,- (a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and (e) bind over any person to appear and given evidence before such Magistrate.” 6. Perusal of the provisions of Section 340 of the Code leaves no manner of doubt that the Court concerned can itself conduct an inquiry into any offence referred to Clause (b) of sub-Section (1) of Section 195 of the Code, which appears to have been committed in, or in relation to, any proceedings in that Court or in respect of document produced or given in evidence in a proceeding in that Court. The Court concerned is not empowered to refer the matter to the police to conduct an inquiry. In this view of the matter, I find force in the contention of the petitioners that the order dated 06.03.2013 is perverse and cannot stand the test of judicial scrutiny. 7. In view of what has been discussed hereinabove, the petition is allowed, impugned order dated 06.03.2013 is set aside. However, the Court concerned is at liberty to proceed with the matter, in accordance with law, keeping in view the provisions of Section 340 of the Code. ---------0.B.S.0------------