LAWS(MPH)-1994-9-105

DEEP NARAYAN SINGH Vs. STATE OF M.P.

Decided On September 30, 1994
DEEP NARAYAN SINGH Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THE order appealer against is the order dated 20.7.94 (Annexure -A 2 to the Memo of Appeal. This order is passed u/s 344, Cr. P.C. The appeal is styled as appeal u/s 341, Cr. P.C. The appeal could only be filed against the order passed u/s 340, Cr. P.C. The distinction between Sections 340 and 344, Cr. P.C. is that the order u/s 340, Cr. P.C. is appealable whereas the order u/s 344, Cr. P.C. is hot appealable.

(2.) THIS section does not give the option to the litigant but it gives the option to the Court, if the Court does not choose to proceed u/s 344, Cr. P.C. then, the Court may proceed u/s 340, Cr. P.C. of course, if the case is covered u/s 340, Cr. P.C. Sub -section (4) of Section 344, Cr. P.C. does not provide for appeal, It only provides for stay of the proceedings of the appeal or revision which is directed against the judgment or order in which the opinion referred to in sub -section (1) of Section 344, has been formed.

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