C482/1527/2022
2022 Latest Caselaw 2743 UK

                   Office Notes, reports,
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         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
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      30.08.2022
                                            C-482 No. 1527 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Anil Kumar Joshi, Advocate, for the applicant.

The issue, as raised in the present C- 482 Application is, as to whether in a proceedings under Section 340 of the Code of Criminal Procedure, an opportunity of hearing to the person, against whom the proceedings are drawn, a preliminary inquiry is required to be conducted, or in the proceedings the person is required to be heard or not?

There are two contradictory judgments, rendered by the coordinate strength of Judges of the Hon'ble Apex Court, as reported in 2010 (15) SCC 290, Sharad Pawar Vs. Jagmohan Dalmiya and Others, and the judgment, as reported in 2002 (1) SCC 253, Pritish Vs. State of Maharashtra and Others.

The learned counsel for the applicant argues that, it is per inquriam, because the judgment of Pritish (supra) has not been considered in the judgment of Sharad Pawar (supra). But, simultaneously, the learned counsel for the applicant informs the Court, that the Hon'ble Apex Court, in Criminal Appeal No. 335 of 2020, The State of Punjab Vs. Jasbir Singh, has referred the question to a larger Bench, vide its order dated 26.02.2020, formulating the following questions:-

"(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 Registry is directed to collect the information, as to whether the question referred to be answered by the larger Bench in view of the two contradictory judgments of Sharad Pawar (supra) and Pritish (supra), whether any decision has been taken on the reference or not, and supply the information tomorrow.

Put up tomorrow.

(Sharad Kumar Sharma, J.) 30.08.2022 Mahinder/