A S POPHARE Vs. SANJAY BHATIYA AND ORS

JUDGEMENT

(1.) Heard Shri K.M.Sangani, the learned counsel for the applicant / appellant.

(2.) This appeal has been filed under the provisions of Section 341 of the Code of Criminal Procedure (Code) challenging the order dated 5th September 2013, passed by the Maharashtra Administrative Tribunal (MAT), Mumbai, dismissing the applications filed by the applicant/appellant praying for initiation of an action against the respondents thereto, for having committed an offence punishable under Section 193 of the IPC, and thus, refusing to make a complaint under the provisions of Section 340 of the Code. Being aggrieved thereby, the applicant/appellant has filed the present appeal.

(3.) An appeal does lie from an order passed under the provisions of Section 340. Section 341 of the Code provides that, any person on whose application any court other than High court has refused to make a complaint under subsection (1) or subsection (2) of Section 340, or against whom such a complaint has been made by such court, may appeal to the court to which such former court is subordinate within the meaning of subsection(4) of Section 195. Subsection (4) of Section 195 of the Code lays down that, a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from the appealable decrees or sentences of such former court.