Section 341 CrPC: Appeal

Chapter XXVI

appeal, Complaint by Court, Criminal Procedure Code, False Evidence, Final Order, judicial administration, Offenses against administration of justice, Perjury, Subordinate Court Appeal, withdrawal of complaint

New Law Update (2024)

Section 356 BNSS

TRIAL COURT

Punishment

Procedural – Appeals / Revision

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) Any person on whose application any Court other than a High Court has refused to make a complaint under Sub-Section (1) or Sub-Section (2) of Section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of Sub-Section (4) of Section 95, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former Court might have made under Section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section and subject to any such order, an order under Section 340, shall be final, and shall not be subject to revision.

Important Sub-Sections Explained

Section 341(1)

This sub-section outlines who can appeal an order made by a lower court (other than a High Court) regarding the initiation of a complaint for offenses affecting the administration of justice under Section 340 CrPC. It specifies that the appeal lies to the court to which the original court is subordinate, empowering the superior court to either direct the withdrawal of an existing complaint or order the making of a complaint.

Section 341(2)

This crucial sub-section declares the finality of any order passed under Section 341 CrPC. It explicitly states that such an order, and consequently an order under Section 340 (subject to the 341 order), cannot be challenged through a revision petition, thus bringing an expeditious and conclusive end to the matter.

Landmark Judgements

Nand Lal vs. Ram Singh (1993) Supp (1) SCC 682:

The Supreme Court clarified that the power of the appellate court under Section 341 CrPC is not merely supervisory but acts as a regular appellate court. It can examine the correctness, legality, or propriety of the order passed by the subordinate court regarding making or refusing a complaint under Section 340 CrPC and pass appropriate directions.

B.L. Sreedhar vs. K.M. Munireddy (2003) 2 SCC 355:

While primarily dealing with Section 340, this Supreme Court judgment implicitly underscores the standard of judicial scrutiny expected when initiating proceedings under Section 340, which then becomes appealable under Section 341. It emphasizes the need for caution and proper application of mind by the court while exercising its power to initiate complaints for offenses affecting the administration of justice.

Smt. Surjit Kaur v. State of Punjab, 1989 Cr.L.J. 1383 (P&H):

This High Court ruling specifically affirms the principle laid down in Section 341(2) CrPC, stating that an order passed under Section 341 is final and not subject to revision. This ensures the conclusive determination of appeals related to complaints under Section 340, preventing further prolonging of such matters.

Chapter XXVI