Asha Devi vs The Prescribed Authourty/ ...
2023 Latest Caselaw 4768 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 2597 of 2023
 

 
Petitioner :- Asha Devi
 
Respondent :- The Prescribed Authourty/ Subdivitional Magistrate And 5 Others
 
Counsel for Petitioner :- Janardan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is aggrieved that an application filed under Section 340 Cr.P.C. has not been decided till date.

Learned counsel for petitioner submits that election petition is at the stage of evidence and that before taking any final decision in election petition, the Election Tribunal is bound to decide the application filed under Section 340 Cr.P.C. at the first instance.

However, sub-section (1) of Section 340 contemplates holding of a preliminary enquiry. Normally, a direction for filing of a complaint is not made during pendency of the proceedings before the Court and this is done at the stage when the proceedings before the Court and this is done at the stage when proceedings is concluded and the final judgment is rendered. (See Iqbal Singh Marwah Vs. Meenakshi Marwah & Anr, (2005) 4 SCC 310.)

Therefore, this writ petition is disposed of with liberty to the Election Tribunal to decide the application filed under Section 340 Cr.P.C. at the appropriate stage.

Order Date :- 13.2.2023

SB