CrPc 340 Par Nayi or Bahtreen Judgement, Samjh Lijiye Ye Brahamstra Hai Jhuthe Case se Bahar Aane Ka

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Link of Judgement:

https://drive.google.com/file/d/1fVSo...

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 335/2020
THE STATE OF PUNJAB ..APPELLANT(S)
VERSUS
JASBIR SINGH ..RESPONDENT(S)
O R D E R
The matter has been placed before a three
Judges Bench arising from a reference made vide
order dated 26.02.2020 seeking the following
questions to be answered:
“(i) Whether Section 340 of the
Code of Criminal Procedure, 1973
mandates a preliminary inquiry and an
opportunity of hearing to the would-be
accused before a complaint is made under
Section 195 of the Code by a Court?
(ii) what is the scope and ambit of
such preliminary inquiry?”
The impugned judgment of the High Court
granting relief to the respondent while dealing
with an aspect of forgery in a civil case is
predicated on a reasoning that the FIR which was
registered against the respondent-accused did not
comply with the mandatory requirements of Section
340 read with Section 195 of the Cr.P.C


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