DARASTUL KHALIF Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant has preferred the statutory appeal under Section 341 of the Code of Criminal Procedure, challenging the order dated 11th March, 2008 passed by the learned Additional Judicial Commissioner (Fast Track Court No. VII), Ranchi in Title Appeal No. 97 of 2005 by reasons of which the petitions, filed by the appellant on 11th January, 2007 and 25th May, 2007 for issuance of a direction to defendant Nos. 2 to 6 to appeal before the court for taking their specimen signatures as also the petition filed on 20th November, 2007 for initiating a Miscellaneous Case have been rejected.

(2.) THIS Hon'ble Court vide order dated 17th July, 20078 had asked for a report from the office with respect to maintainability of criminal appeal against the impugned order dated 11th March, 2008 passed in Title Appeal No. 97 of 2005. Pursuant thereto, the office vide its report dated 28th July, 2008 and 31st July, 2008 has opined that if a petition under Section 340 of the Code of Criminal Procedure for enquiry is refused and/or allowed, an appeal under Section 341 of the Code of Criminal Procedure is considered to be maintainable. At the same time, the office has also reported that the application of the appellant, which has been refused, was not preferred under Section 340 of the Code of Criminal Procedure and thus, the appeal preferred under Section 341 of the Code of Criminal Procedure was not maintainable.

(3.) THERE is no dispute with regard to the right of a statutory appeal as provided under Section 341 of the Code of Criminal Procedure in case an application to make a complaint under Sub -section (1) or Sub -section (2) of Section 340 of the Code of Criminal Procedure is refused.