PRITISH versus STATE OF MAHARASHTRA AND ORS.

PRITISH versus STATE OF MAHARASHTRA AND ORS.

There is no statutory requirement under Section 340 of the Criminal Procedure Code, 1973 to afford an opportunity of hearing to the person against whom the court might file a complaint before the Magistrate for initiating prosecution proceedings; such right arises only when prosecution proceedings commence and the accused appears before the Magistrate.

Parties
Appellant: Pritish; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
21 November 2001
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Offences Affecting Administration of Justice, Principles of Natural Justice, Proceedings Under Section 340 Cr.p.c.
Criminal Law Administrative Law Offences Affecting Administration of Justice Principles of Natural Justice Proceedings Under Section 340 Cr.p.c.

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pritish

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether there is a statutory requirement to afford an opportunity of hearing to the accused at the stage of preliminary inquiry under Section 340 Cr.P.C.
  2. 2 Scope and purpose of preliminary inquiry under Section 340(1) Cr.P.C.
  3. 3 Interpretation of 'inquiry' under Section 2(g) Cr.P.C.

Ratio Decidendi

There is no statutory requirement under Section 340 of the Criminal Procedure Code, 1973 to afford an opportunity of hearing to the person against whom the court might file a complaint before the Magistrate for initiating prosecution proceedings; such right arises only when prosecution proceedings commence and the accused appears before the Magistrate.

Court Disposition

Appeal dismissed

Orders

  • Appellant cannot complain about not being heard during the preliminary inquiry conducted by the Reference Court under Section 340 Cr.P.C.
  • Appeal dismissed.