Section 340 CrPC complaints need no prior hearing to the proposed accused before the court directs prosecution.

At the Section 340 CrPC stage, the court only determines whether it is expedient in the interest of justice to direct an inquiry into an apparent offence affecting the administration of justice. A preliminary inquiry, if held, serves only to assist that opinion and does not decide guilt or innocence. The proposed accused has no statutory right to be heard before the complaint is made; the right of hearing arises later before the magistrate, where the matter proceeds as a warrant case and discharge remedies are available. The availability of an appeal under Section 341 does not create any prior right of audience, so the natural justice objection fails.

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Issues: Whether a person against whom a court proposes to make a complaint under Section 340 of the Code of Criminal Procedure, 1973 has a right to be heard before the court forms its opinion and directs prosecution.

Analysis: The power under Section 340 is exercised by the court only to decide whether it is expedient in the interest of justice that an inquiry should be made into an offence affecting the administration of justice. A preliminary inquiry, if held, is only to assist the court in forming that opinion; it is not an inquiry to determine guilt or innocence. The statutory scheme shows that the accused gets a right of hearing only after the complaint reaches the magistrate, where the matter proceeds as a warrant case and the accused may seek discharge under Sections 238 to 240. The availability of an appeal under Section 341 does not create any prior right of audience at the stage of making the complaint. Principles of natural justice are therefore not violated by the absence of notice or hearing before the complaint is directed.

Conclusion: The person proposed to be proceeded against has no right to be heard before the court makes a complaint under Section 340 of the Code of Criminal Procedure, 1973, and the objection based on natural justice fails.

Ratio Decidendi: At the stage of Section 340 proceedings, the court only decides whether it is expedient in the interest of justice to direct an inquiry into an apparent offence, and no prior hearing to the proposed accused is statutorily required.

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