Thus in so far as section 340 of Code of Criminal Procedure is concerned, it is not necessary for the Judge to hear other side, but he may hear the applicant. It is not a requirement to hear the person against whom the proceedings are going to be initiated. It is entirely upto the Court to decide whether to initiate the proceedings under section 340 of Code of Criminal Procedure. Thus the proceedings of the application under section 340 of Code of Criminal Procedure are Kangaroo Baby proceedings within the civil trial and still it is of an independent character and therefore, for the purpose of the said inquiry the powers under Code of Criminal Procedure can be enjoyed the Civil Court.
19. Thus, I answer the issue No. 1 in negative. It is not necessary for the Court to give notice to the said person or even to hear that person on this point.
Issue No. 2 is held in affirmative that the Civil Court conducting the inquiry under section 340 of Code of Criminal Procedure has power to call witness and can exercise the power under section 311 of Code of Criminal Procedure.
IN THE HIGH COURT OF BOMBAY
Writ Petition (S.T.) No. 4899 of 2017
Decided On: 17.04.2017
Union of India and Ors. Vs. Haresh Virumal Milani
Hon'ble Judges/Coram:
Mridula Bhatkar, J.
Citation: 2017(4) MHLJ 441
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