Preliminary inquiry under Section 340 CrPC may include hearing proposed accused where the court is forming its opinion.

Section 340 CrPC permits a court to make a preliminary inquiry and decide whether it is expedient in the interests of justice to file a complaint for offences affecting the administration of justice. The materials cited did not create an absolute bar on hearing the proposed persons at that stage; they only indicated that no prior hearing is required before an inquiry is directed. In a complex matter, the court may choose to hear the proposed persons while forming its opinion. On that basis, no error apparent on the face of the record or jurisdictional defect was found in the earlier order, and review was rejected.

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Issues: Whether the order directing hearing of the persons proposed to be proceeded against at the stage of forming opinion under Section 340 of the Code of Criminal Procedure, 1973 suffered from error apparent on the face of the record warranting review.

Analysis: Section 340 of the Code of Criminal Procedure, 1973 empowers the Court to make a preliminary inquiry and decide whether it is expedient in the interests of justice to make a complaint for offences affecting the administration of justice. The authorities relied upon did not lay down an absolute prohibition against hearing the proposed accused at that stage; they only held that such persons have no right to prior hearing before an inquiry is directed. The Court distinguished between a case where hearing is not mandatory and a case where, in the circumstances of a complex matter, the Court chooses to hear the proposed accused as part of the preliminary inquiry for forming its opinion. The Court found no legal error or jurisdictional defect in the earlier order.

Conclusion: The review was not maintainable on merits and the request to set aside the earlier order was rejected.

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