Civil Court Has Power To Summon Witness While Conducting Inquiry Under S.340 CrPC

Union of India & Ors vs Haresh Virumal Milani

Bombay HC

17/04/2017

WRIT PETITION (ST.) NO. 4899 OF 2017

About/from the judgment:

Civil Court Has Power To Summon Witness While Conducting Inquiry Under S.340 CrPC

 

The High Court ruled that a civil court has the power to call a witness under Section 311 of the Code of Criminal Procedure while conducting an inquiry under Section 340 of the Code of Criminal Procedure.

 

Court observed: “The best source of forming opinion is verification of facts and for the purpose of verification, true and corrected facts should be placed before the judge. In the process of forming opinion in the inquiry the procedural power to call witness, to bring documents….. vests with him.

 

Thus, Section 311 of the Code of Criminal Procedure is helpful not only in the trial but also in any enquiry or any proceedings under the Code to get true facts on record.”

 

Relying on the judgment of Nagpur bench in Pritish R Tayde and Anr vs The State of Maharashtra & Ors, which was upheld by the Supreme Court, the court held that as far as S.340 of CrPC is concerned, the judge need not hear the other side, but he may hear the applicant.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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