Criminal Procedure Code, 1973, Section 340 -- Two pre-conditions for initiating proceedings u/s 340 Cr.P.C. are: (i) materials produced before Court must make out a prima facie case for a complaint for the purpose of inquiry into an offence u/s 195(1)(b)(i) Cr.P.C.; (ii) It is expedient in the interests of justice that an inquiry should be made into the alleged offence...........
Criminal Procedure Code, 1973, Section 340 -- Proceeding u/s 340 Cr.P.C. - Where Court forms an opinion that an offence refereed to S.340 Cr.P.C. has been committed, Court may dispense with the preliminary inquiry - Even after forming an opinion as to offence which appears to have been committed also, it is not mandatory that a complaint should be filed as a matter of..........
Criminal Procedure Code, 1973, Section 340 -- Proceedings u/s 340 Cr.P.C. - Initiation of proceedings suo moto by Court without recording any finding that public document in question was custodial legis and initiation of proceedings is considered expedient in the interest of justice - It is an abuse of process of Court and not proper - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 125, 195, 340, Indian Penal Code, 1860, Section 191, 192, 193 -- Maintenance - False evidence by wife as to income - Direction to take action for offence u/ss 191, 192 & 193 IPC - Laws in favour of distressed wife when misused by declaring completely incorrect facts and also by suppressing the material aspect, the trial Court at the..........
Criminal Procedure Code, 1973, Section 340, 482 -- Wrong statement by wife regarding income in a dispute between husband and wife - In such a dispute parties are at liberty to take false and wrong pleas - Trial Court is not entitled to feel aggravated and to direct filing of complaint through registry against the litigant that does not serve the purpose except the wasting..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Submission of false and forged facts in Court - Accused admitted that he inadvertently made statement that Court has stayed further proceedings whereas no such order was passed - However, no such material has been brought to notice of Court that by making said statement, accused tried to delay proceedings - Neither..........
Criminal Procedure Code, 1973, Section 340 -- False document - Compromise - Registered assignment deed, in pursuance of which compromise filed by parties and after being verified, it was accepted and became part of decree - It can only be challenged by seeking a civil remedy before appropriate forum - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 340 -- Forgery of a document - In divorce petition date of marriage mentioned different than that mentioned in certificate of marriage - Nothing shown as to how it is a case of forgery of document or what benefit is taken by husband by giving different date of marriage - Dismissal of application calls for no interference...........
Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Merely because an expert has tendered an opinion that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody - More so, mere rejection of expert evidence by itself may not also warrant initiation of..........
Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Expert evidence needs to be given a closer scrutiny and requires a different approach while initiating proceedings u/s 340 Cr.P.C., as it is an opinion given by an expert and a professional, particularly when expert himself lodged a caveat regarding his..........
