sec340 crpc

Thyagarajan (Querist) 29 August 2009 This query is : Resolved
My query on the subject yesterday was what would be expected of the respondant when a preliminary investigation is conducted by a judge in whoose court a false ducument was supposed to have been filed by the respondant in a proceeding. Magistrate comes in picture only when the application is forwared by the judge. The judge is not framing any charges for the offence committed under IPC but only sees whether there is any basis to show the document is false.
The answers I got was only partly.

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PARTHA P BORBORA (Expert) 29 August 2009
well my friend i m surprised that inspite of the discussions of our ld. exparts u failed to trace out the fact that before framing of charge, the Judge must examin wheather there is any prima faci case or not. so the Judge only examin the documents first insted of framing charge directly. its simple.

Sarvesh Kumar Sharma Advocate (Expert) 29 August 2009
340 cr.p.c. is dicritionery power of the court.

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