Advocate. Arunagiri
(Expert) 13 November 2010
It is not necessary that the complainant should give a complaint u/s 340 cr.p.c. any body who is having the knowledge of the offense, can file a petition to the trial court. It can be even a civil court. The person who is filing a petition u/s 340 cr.p.c. need not be a party to the previous case.
This petition normally will be taken on file after the disposal of the main case. Once it is taken on file the court can conduct inquiry even without ordering notice to the other side (prospective accused).
Debasish Hota
(Expert) 15 November 2010
As per section 340[1] Cr.P.C. anybody canfile complaint for preliminary enquiry.After preliminary enquiry the court can proceed on its own way as provided in sec.340 Cr.P.C.
Khaleel Ahmed Mohammed
(Expert) 18 November 2010
You are advised to consult with your local lawyer.
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