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

Union of India & Ors vs Haresh Virumal Milani

Bombay HC


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

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