Referred to Larger Bench XXII: Mandatory Preliminary Inquiry

CrPCMy Lord, ‘Preliminary Inquiry’, under Section 340, Mandatory for Court before ‘Complaint’, under Section 195?

In any event, given that the decision of the Three-Judge Bench in Sharad Pawar, (2010) 15 SCC 290 did not assign any reason as to why it was departing from a Coordinate Bench in Pritish, (2002) 1 SCC 253 and a Constitution Bench in Iqbal Singh Marwah, (2005) 4 SCC 370, we find it necessary that a Larger Bench answers, in particular, i) whether Section 340 mandates a ‘preliminary inquiry’ and an opportunity of hearing to the would-be accused before a ‘complaint’ under Section 195 and ii) what is the scope and ambit of such ‘preliminary inquiry’.”

Hon’ble Justice Mohan M. Shantanagoudar, The State of Punjab v. Jasbir Singh, [Criminal Appeal No. 335 of 2020].