there are case laws that misc. petition regarding sec 340 crpc be ceciced first before proceeding to the main case by Lucknow HC bench and perheps karnataka HC but one of friend needs case law that the misc. crml. petition be decided after the main case.
it is also a bitter fact that after having given the so quoted Lucknow bench order the lower court under the same HC is not taking action saying that it in not in your case and it can't be considered in any other cases it is only for that very case.
