It was not within the purview of the Court to order the Tehsildar to act in accordance with Section 340 of the CrPC before the Court had formed an opinion that an inquiry was necessary is upheld by the Uttarkhand High Court in the case of Hari Sharan Shankar Srivastava v. State of Uttarakhand through Justice Manoj Kumar Tiwari.
FACTS OF THE CASE
In the course of the mutation proceedings, the petitioner made an application under Section 340 CrPC before Tehsildar, but Tehsildar was not considering his application.
A petition seeking to issue a writ, order, or direction in the nature of mandamus ordering the Tehsildar to register and decide the application he filed under Sections 195/340 CrPC for the filing of a false affidavit and engaging in perjury by certain persons named in the said application
The Court read the documents, explained Section 340 CrPC, and decided that it was clear from reading sub-section (1) of Section 340 that the Court could move forward with the case if it was convinced that it would be in the best interests of justice to conduct an investigation into any offence covered by clause (b) of sub-section (1) of Section 195.
In dismissing the petition, the court ruled that it was not within its purview to order the Tehsildar to act in accordance with Section 340 of the CrPC before the Court had formed an opinion that an inquiry was necessary.
Accordingly, the petition was dismissed by the Court.
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL