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2018 (8) TMI 1841 - HC - Indian LawsWhether it was expedient in the interest of justice that an enquiry should be made into an offence which may come within Clause (b) of sub-section 1 of Section 195 of the 1973 Code? - HELD THAT:- The decision of the Supreme Court in the case of PRITISH VERSUS. STATE OF MAHARASHTRA & ORS. [ 2001 (11) TMI 1017 - SUPREME COURT ] lays down in substance that principle of natural justice is not breached in the event the Court does not give opportunity of hearing to a proposed accused person at the time of formation of opinion as contemplated in Section 340 of the 1973 Code. But in an appropriate case in my opinion the Court can choose to hear the accused at the stage of formation of opinion itself and that would not be in violation of the provisions of the Code. The power or jurisdiction of the Court has not been curtailed in Section 340 of the 1973 Code. The authorities cited by Mr. Khosla lay down that the proposed accused has no right to be heard at the initial stage of proceeding under Section 340 of the 1973 Code. But that principle cannot be stretched to mean that Court is barred from hearing them at all at the stage of formation of opinion under the aforesaid provision. I do not find any error apparent on the face of the record or any other ground which would warrant review of my order passed on 18th April, 2017. Petition dismissed.
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