JUDGEMENT
PRAMOD KUMAR SRIVASTAVA,J. -
(1.) Application under section 340 Cr.P.C. was moved by one Chet Narain Singh before the court of Assistant Settlement Officer, Consolidation, Varanasi in which prayer was made for initiation of
proceedings under section 340 Cr.P.C. against Sheetala Prasad and other persons for offences under
sections 109, 120-B, 465, 468, 471, 476 IPC. After hearing, said court of Assistant Settlement Officer,
Consolidation, Varanasi had rejected the application under section 340 Cr.P.C. on the ground that
consolidation court has no powers under Code of Criminal Procedure to initiate such proceedings.
(2.) Against said order dated 25.8.2004 passed by the court of Assistant Settlement Officer, Consolidation, said Chet Narain Singh had preferred Criminal Appeal no. 46 of 2004 (Chet Narain
Singh Vs. Assistant Settlement Officer and others), that was heard and dismissed by the judgment
dated 8.2.2007 passed by Additional Sessions Judge/Special Judge, Varanasi with finding that trial
court had not committed error in exercise of its jurisdiction.
(3.) Aggrieved by the judgment of two lower courts, present revision has been preferred by one Dinesh Singh who is son of late Chet Narain Singh.;
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