LIBERT A VAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether an opportunity of hearing is required to be given to the person sought to be proceeded under section 340 of Cr.P.C. at the stage of making a complaint against him under section 344 of Cr.P.C. is the short question involved in this petition.

(2.) The petitioner has called in question the order dated 18.09.2017 passed by the learned Prl. District and Sessions Judge, Haveri in S.C.No.28/2015 whereby the learned Sessions Judge while pronouncing the final judgment in S.C.No.28/2015 has directed the Chief Administrative Officer, Prl. District and Sessions Court, Haveri to file a complaint against petitioner herein under Section 195(1)(b)(i)(ii) r/w Section 340 of Cr.P.C. for the offences punishable under Sections 194, 195, 463, 466 r/w Section 34 of IPC.

(3.) The impugned order reads as under: