CHANNAPPA Vs. BASAPPA

JUDGEMENT

(1.) The appellant has presented this appeal against the direction of the learned Single Judge on I. A. I. in writ petition No. 4184 of 1981, directing that the order of the learned Single Judge be treated as a complaint under S. 340 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and that further proceedings should be initiated against the petitioner in the writ petition, in accordance with law.

(2.) Sri T. S. Ramachandra, learned Counsel for the respondent, who has obtained such a direction at the hands of the learned Single Judge, raised a preliminary objection regarding the maintainability of the appeal. Hence, it is necessary to consider the question as to whether an appeal is competent to the Division Bench against the direction of the learned Single Judge made under S. 340 of the Code, to make a complaint against the appellant.

(3.) S. 340 (1) of the Code reads thus :