1982 CRI. L. J. 2079 ::1982 WLN(U.C) 91 ::(1982) CriLC 521 ::(1982) Raj LR 458 ::(1982) Raj LW 350

Rajasthan High Court

Hon'ble Judge(s): N. M. Kasliwal , J

(A) Criminal P.C. (2 of 1974) , S.340, S.195(1)(b)— 'In relation to a proceeding in that court' - Meaning. It was contended that an application filed under S.340, Cr. P.C. itself cannot be considered as a proceeding within the meaning of S.340, Cr. P.C. In other words, it was contended that the offence referred to in Cl.(b) of Sub-Sec. (1) of S.195 should have been committed in relation to a proceeding other than a proceeding under S.340, Cr. P.C. itself. Held there was no force in the contention. There is no restriction contained in the words used "in relation to a proceeding in that court" so as to relate it to a proceeding otherwise than a proceeding under S.340, Cr. P.C. The plain and simple language used in this section means that the offence can be in relation to a proceeding in that court and which can also be a proceeding under S.340, Cr. P.C. itself. Thus, if a person files an application under S.340, Cr. P.C. and during the continuance of the proceeding on such application if it appears to the court that an offence referred to in cl.(b) of Sub-Sec. (1) of S.195 appears to have been committed in relation to such proceeding, then certainly that court is entitled to pass an order that an inquiry should be made into such offence, if in the opinion of such court it is expedient in the interest of justice to do so.(Para 5) ....