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atul   22 November 2016

342 crpc for a civil judge

Dear Lawyers,

 

I've a question about whether or not a Civil Judge Senior Section has power to order costs under section 342 CRPC.

 

My case details are as under

 

I'm involved in a civil land dispute case in which I used my PAN card as a relevant evidence. The opposite party lawyer filed a criminal complaint under section 340 CRPC stating that I filed fake/duplicate PAN card in my name. The inquiry under complaint 340 CRPC ended in my acquittal. 

 

Now I wish to seek appropriate costs under section 342 CRPC. 

 

But the problem is that he is the CIVIL Senior Judge, who I doubt, whether or not gets power under "CRPC sections" (342 CRPC here) to order costs.

 

Can someone throw light on whether the Civil Senior Judge has any power to order costs under 342 CRPC?

 

I shall appreciate your clarification.

 

Atul

 

 

 



Learning

 1 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     23 November 2016

S. 342 reads "ANY COURT dealing with an application made to if for filing a complaint under Section 340....". It means the court where the application for initiating S.340 has been filed and not the First Class Magistrate Court, where complaint filed by the former court has been received and tried.  So, the court entertaining the application U/S.340 will be either civil court or criminal court has got the powers vested in S.342  to exercise.  It is further clarified by the words in the provision "ANY COURT".  So, Senior Civil Judge has got discretionary power to order costs, if he thinks so on the basis of the facts.


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