Legal Question in Civil Rights Law in India

Re: Sec 340 Cr.PC

yes, it would. once an application u/s 340 is moved, its considered as another matter and once the application is decided by the lower court, irrespective of the outcome of appeal, the order u/s 340 also becomes appealable.

Re: Sec 340 Cr.PC

340. Procedure in cases mentioned in section 195.

(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) Record a finding to that effect;

(b) Make a complaint thereof in writing;

(c) Send it to a Magistrate of the first class having jurisdiction;

(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and

(e) Bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed, -

(a) Where the court making the complaint is a High Court, by such officer of the court as the court may appoint;

(b) In any other case, by the presiding officer of the court.

(4) In this section, "court" has the same meaning as in section 195.

You may file in lower court.

Re: Sec 340 Cr.PC

No. Moreover, it is just in the nature of a complaint to the court for filing a complaint against the person concerned before appropriate court. You may file this application in the appellate court also; usually the appeal court decides such applications at the time of final disposal of the appeal.

Perjury actions, as we name such applications, are within prerogative of the court.