Appeal available to assail order passed under Section 340 CrPC: DHC

A Full Bench of Delhi High Court (DHA) ruled that an appeal under clause 10 of the Delhi High Court Act is available to an aggrieved party to assail an order passed on an application filed under Section 340 of the Code of Criminal Procedure (CrPC).

After a detailed analysis of the various provisions of CrPC and DHA, the Bench ruled that “the expression ‘other than the High Court’ appearing in Section 341 of CrPC would not disable an aggrieved party to prefer an appeal, if it is otherwise maintainable, under other statutes and provisions in law; and the decision taken on an application under Section 340 of CrPC involves only a formation of an opinion as to whether or not a complaint should be filed. At the stage of formation of such an opinion, the court does not exercise criminal jurisdiction.”

Clause 10 DHA specify appeal rights from the judgment of the single Judge excercising ordinary original civil jurisdiction to a Division Court of the High Court.

Sections 340/341 CrPC specify procedures as to offences affecting the administration of justice.

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