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Patna High Court

Asha Kumari @ Asha DeviversusRamchandra Prasad Vimal and Anr

Decided
Disposal
DISMISSED

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

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
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         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
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                                     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
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                                     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
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                                      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


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