Patna High Court
Asha Kumari @ Asha DeviversusRamchandra Prasad Vimal and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
An application under Section 340 CrPC is maintainable only before the same court in which the alleged false statement was made, and cannot be pursued as an independent original criminal miscellaneous proceeding.
Summary
The petitioner, Asha Kumari, filed an Original Criminal Miscellaneous proceeding under Section 340 of the CrPC seeking an inquiry into alleged false and frivolous statements made by the respondents in two criminal writ cases (CWJC No. 7006 of 2017 and CWJC No. 15940 of 2017). The key issue was whether a Section 340 application must be filed before the court where the alleged offence occurred or can be pursued as a separate proceeding. Senior counsel for both sides clarified that the provision mandates filing the application before the same court handling the original proceedings. The Patna High Court examined the language of Section 340 (now Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and concluded that the court where the false statement was made is the only competent forum for a preliminary inquiry. Consequently, the court held the present Original Criminal Miscellaneous petition to be non‑maintainable. The petition was dismissed, with the court directing the petitioner to file a proper Section 340 application before the appropriate court.
Issues considered
- Whether an application under Section 340 CrPC can be filed as an independent Original Criminal Miscellaneous proceeding.
- Whether the application under Section 340 CrPC must be filed before the same court in which the alleged false statement was made.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 379
- Criminal Procedure Code — s. 195(1)(b), 340
Subjects
- Section 340 CrPC
- false statements
- preliminary inquiry
- jurisdiction
- original criminal miscellaneous proceeding
- court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Or. Criminal Miscellaneous No.1 of 2018
======================================================
Asha Kumari @ Asha Devi daughter of Udit Narayan Rai, resident of Village-
Murbaria, P.S.- Piparia, District- Lakhisarai, at present posted as Pradhan
Teacher, Primary School Murbaria, Purbi Tola, P.S. Piparia, District-
Lakhisarai.
... ... Petitioner/s
Versus
1. Ramchandra Prasad Vimal Son of Shiv Shankar Yadav, resident of Village-
Maharajganj, P.S. Madhubani, District- Madhubani, at present posted as
Block Education Officer, Piparia, District- Lakhisarai.
2. Rina Kumari, Daughter of Kishori Prasad, Resident of Chitranjan Road,
Purani Bazar, Lakhisarai, District- Lakhisarai, at present posted as Asstt.
Teacher Primary School Murbaria, Purbi Tola, P.S. Piparia District-
Lakhisarai.
3. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Mishra, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 19-06-2026
Heard learned counsel for the petitioner and learned
Counsel for the State.
2. Upon a specific query from this Court to learned
counsel for the petitioner as to whether the present Original
Patna High Court OR. CR. MISC No.1 of 2018 dt.19-06-2026
2/5
Criminal Miscellaneous No. 1 of 2018, filed under Section 340
of the Code of Criminal Procedure, 1973, seeking initiation of
an inquiry on the allegation that the opposite party had made
false and frivolous statements in CWJC No. 7006 of 2017 and
CWJC No. 15940 of 2017, is maintainable as an independent
proceeding, or whether an application under Section 340 CrPC
is required to be filed before the same Court where such false
statement is alleged to have been made. Learned counsel for the
petitioner submitted that, he is not in a position to answer the
query but only submits that present case is maintainable.
3. In order to assist the Court on the legal issue
involved, this Court requested Mr. Rajendra Narayan, learned
Senior Advocate, and Mr. Ajay Kumar Sinha, learned Senior
Advocate, who were present in Court, to express their views.
4. Both the learned Senior Counsel unequivocally
submitted that an application under Section 340 Cr.P.C. is
maintainable only before the same Court in relation to whose
proceedings the offence referred to in Section 195(1)(b) Cr.P.C.
is alleged to have been committed.
5. For better appreciation, section 340 of the Code
of Criminal Procedure now Section 379 in Bharatiya Nagarik
Suraksha Sanhita, 2023 is reproduced as under :-
“340. Procedure in cases
Patna High Court OR. CR. MISC No.1 of 2018 dt.19-06-2026
3/5
mentioned in Section 195 -(1) When upon an
application made to it in this behalf or otherwise
any Court is of opinion that it is expedient in the
interest of justice that an inquiry should be made
into any offence referred to in clause (b) of Sub-
Section (1) of section 195, which appears to
have been committed in or in relation to a
proceeding in that Court or, as the case may be,
in respect of a document produced or given in
evidence in a proceeding in that Court, such
Court may, after such preliminary inquiry, if any,
as it thinks necessary;
a. record a finding to that effect;
b. make a complaint thereof in
writing;
c. send it to a Magistrate of the
first class having jurisdiction;
d. take sufficient security for the
appearance for the accused before such
Magistrate, or if the alleged offence is non-
bailable and the Court thinks it necessary so to
do send the accused in custody to such
Magistrate; and
e. bind over any person to appear
and give evidence before such Magistrate.
2. The power conferred on a
Court by Sub-Section (1) in respect of an offence
may, in any case where that Court has neither
made a complaint under Sub-Section (1) in
respect of that offence nor rejected an
application for the making of such complaint, be
exercised by the Court to which such former
Court is subordinate within the meaning of Sub-
Section (4) of section 195.
3. A complaint made under this
Patna High Court OR. CR. MISC No.1 of 2018 dt.19-06-2026
4/5
section shall be signed;
a. where the Court making the
complaint is a High Court, by such officer of the
Court as the Court may appoint;
b. in any other case, by the
presiding officer of the Court or by such officer
of the Court as the Court may authorise in
writing in this behalf.
(4) In this section, “Court” has
the same meaning as in section 195.”
6. Bare perusal of aforesaid provision make it
abundantly clear that when it appears to a Court where
proceeding is pending that an offence referred to in Section
195(1)(b) Cr.P.C. has been committed in relation to a document
produced or evidence given in a proceeding before that Court, it
is that very Court which is empowered to conduct a preliminary
inquiry, if considered necessary, and to take appropriate action
in accordance with law.
7. In view of the aforesaid legal position, this Court
is of the considered opinion that the present Original Criminal
Miscellaneous No. 1 of 2018 is not maintainable. The remedy
available to the petitioner was to file an application under
Section 340 Cr.P.C. before the same Court in which the alleged
false statements were made, and not by way of an independent
Original Criminal Miscellaneous proceeding.
Patna High Court OR. CR. MISC No.1 of 2018 dt.19-06-2026
5/5
8. Upon verification by the Court Master, it has
been informed that CWJC No. 7006 of 2017 has already been
dismissed for default, whereas CWJC No. 15940 of 2017 is still
pending.
9. In the aforesaid circumstances, this Court holds
that the present application, instituted under the Original
Criminal Miscellaneous jurisdiction, is not maintainable
because alleged wrong has been made either in CWJC No.
7006 of 2017 or in CWJC No. 15940 of 2017 where application
under Section 340 of the Code of Criminal Procedure is
maintainable.
10. Accordingly, the present Original Criminal
Miscellaneous No. 1 of 2018 stands dismissed with the
aforesaid observations.
(Dr. Anshuman, J)
Ashwini/Manshi
AFR/NAFR AFR
CAV DATE NA
Uploading Date 19/06/2026
Transmission Date NA
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.