SUBHASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Sec. 341 of the Code Criminal Procedure has been filed against the order dated 3. 2. 1983 passed by the learned Special Judge, Bikaner, directing the prosecution of the appellant for the offence under Sec. 193 IPC and to file a complaint in the Court of CJM, Bikaner against the appellant for the offence under Sec. 193 IPC.

(2.) I have read the impugned order. The condition precedent for an order under Sec. 340 of the Code of Criminal Procedure is the recording of the satisfaction of the Court that it is expedient in the interest of justice to file a complaint. This satisfaction is required to be recorded before giving a direction for filing a complaint. The impugned order is ex facie illegal.