DEEP NARAYAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE order appealed against is the order dated 20-7-1994 (Annexure-A-2) to the Memo of Appeal. This order is passed under Section 344, Criminal Procedure Code. The appeal is styled as appeal under Section 341, Criminal Procedure Code. The appeal could only be filed against the order passed under Section 340, Criminal Procedure Code. The distinction between Sections 340 and 344, Criminal Procedure Code is that the order under Section 340, Criminal Procedure Code is appealable whereas the order under Section 344, Criminal Procedure Code is not appealable.

(2.) LEARNED counsel invited the attention of the Court to sub-section (2) of Section 344, Criminal Procedure Code and on that basis he treated the impugned order as order under Section 340, Criminal Procedure Code. The submission is unsustainable. Sub-section (3) of Section 344, Criminal Procedure Code is extracted below :

(3.) THE appeal is misconceived and is accordingly dismissed.