Sunny Bhumbla vs Shashi (P&H HC) (CRA No. 197 SB of 2010 (O&M)
It was not desirable on the part of the learned trial Court to decide the said application in a slip shod manner by making mere passing reference to the alleged affidavit. In the application moved under Section 340 of the Cr.P.C. if the Court deems fit,the inquiry has to be held whereas in the present one, the impugned order is absolutely silent as to whether or not inquiry was held.
It is further argued that the learned trial Court has overlooked the fact that the respondent has used the false affidavit in the judicial proceedings. Therefore, all the ingredients of the offences of cheating, forging and perjury etc. are made out and consequently, the order passed by the learned trial Court in not initiating the proceedings under Section 195 read with Section 340 Cr.P.C. is illegal.
The said application having been moved under the provisions of the Code of Criminal Procedure was required to be disposed of separately. It was not desirable on the part of the learned trial Court to decide the said application in a slip shod manner by making mere passing reference to the alleged affidavit. In the application moved under Section 340 of the Cr.P.C.
A glance through the impugned order would reveal that the learned trial Court has given a go by to the provisions of Section 340 Cr.P.C. The approach adopted by the learned trial Court is unwholesome and is depreciable. The impugned order is absolutely silent as to whether the application has been dismissed or allowed, if so for which reasons. In consequence of the preceding discussion the trial Court is directed to decide the application under discussion in accordance with law.