Wonderful judgment from Bombay High Court setting aside judgments of 2 lower courts in regards to the maintainability of application under Section 340 of CrPC.
From Para 7,
Kenneth Desa and another Vs Gopal on 11 July 2007
Whenever an application under Section 340 of Code of Criminal Procedure is filed, the Civil Manual Chapter XIX para 337 requires that it should be registered as Miscellaneous Judicial Case i.e. a case where a Judicial Enquiry is contemplated. The learned Civil Judge should have, therefore, directed the application to be registered as Miscellaneous Judicial Case.