Criminal Procedure Code, 1973, Section 193, 195, 211, 340 -- Disparaging remarks against police officials - Initiation of proceedings - High Court without recording reasons u/s 340(1) Cr.P.C. and without affording an opportunity of hearing to police officials based on materials produced before Appellate Court, issued direction to Registrar General to lodge a complaint..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - In order to prosecute an accused for an offence punishable u/S.188 of IPC, it is mandatory to follow procedure prescribed u/S.195 of Cr.P.C., else, such action is rendered void ab initio...........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Objective - Is to provide for particular procedure, which gives authority only to public servant - Legislative intent is to prevent an individual or a group of persons from facing criminal prosecution instituted upon..........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - There must be a complaint by public servant, who is lawfully empowered, whose lawful order has not been complied with - Provisions of S.195 Cr.P.C are mandatory and no, compliance, with it, will make entire process void ab..........
Criminal Procedure Code, 1973, Section 154, 156, 157, 173(2), 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Cognizable Offence - FIR - Police Officer is not entitled to proceed u/Ss.154, 156, 157 of Cr.P.C - Offence being cognizable by itself, does not enable Police Officer to register an FIR for an offence u/S.188..........
Criminal Procedure Code, 1973, Section 195(1)(b) -- Prosecution for contempt of lawful authority of public servants - Prohibits complaint for offences that is committed during Court proceedings - Such offence committed during Court proceedings like forgery, impersonation, perjury etc., by itself may be cognizable in nature, but that does not empower Police Officer to..........
Criminal Procedure Code, 1973, Section 173(2), 195, Indian Penal Code, 1860, Section 188, 21 -- Disobedience to order duly promulgated by public servant - Public Servant - Plea that Final Report filed before Court u/S.173(2) Cr.P.C., must be constructed as complaint u/s.195 is not sustainable - Words used u/S.188 IPC "public servant lawfully empowered" and word used..........
Criminal Procedure Code, 1973, Section 195(1)(b) -- False charge of offence u/s 211 IPC levelled before a public servant - Restriction contained in S.195(1)(b) Cr.P.C. has no application whatsoever...........
Indian Penal Code, 1860, Section 191, 193, 199, Criminal Procedure Code, 1973, Section 340, 195 -- Perjury - Giving false evidence - Petitioner stated in complaint that respondent being a public servant has given false evidence in different cases before various Courts and sought for initiation of criminal action for perjury against her u/ss 191, 193, 199 IPC - However to..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b)(i) -- Perjury - Election petition - Petitioner falsely stating that notice was served on one of his employees whereas according to the election petitioner notice was served upon appellant himself - However, election petition itself has been dismissed - It would not be expedient to initiate proceedings u/s 340 Cr.P.C...........
