SC on 340 Cr.PC, Pritish Vs. State of Maharashtra & Ors

Pritish  Versus  State of Maharashtra & ORS

Law Point: Appellant cannot complain that he was not heard during the preliminary inquiry conducted by the reference court under Section 340 of the Code. In the result we dismiss this appeal.

SUPREME COURT OF INDIA

CASE NO.: Appeal (crl.) 1188 of 2001 

Pritish                                             .........Petitioner
Versus
State of Maharashtra & ORS.         .......Respondents 

JUDGMENT

Appellant who scored substantially in a land acquisition proceeding is now facing rough weather as he is arraigned in a criminal proceeding on account of certain documents he produced as evidence. The court which granted a quantum leap in awarding compensation to the land owners later found that they had used forged documents for inveigling such a bumper gain as compensation and hence the court ordered some of the claimants to face prosecution proceedings in a criminal court. The only point now convassed by the appellant is that the court should have heard the appellant before ordering such prosecution. The said plea raised by the appellant before the High Court was repelled as per the impugned judgment. Hence this appeal by special leave.

Hon'ble Justice 

K.T. Thomas

S.N. Phukan &

Y.K. Sabharwal 

Place: New Delhi

Date:  November 11, 2001