Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Initiation of proceedings by Station House Officer who is admittedly subordinate in hierarchy is contrary to mandate of S.195 Cr.P.C...........
Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Where a complaint is made to a superior officer and subsequently upon investigation is found to be false, any complaint for prosecution must emanate from that very authority or a superior authority and not from an officer of a lower rank...........
Criminal Procedure Code, 1973, Section 195, 482 -- Kalandra u/s 195 Cr.P.C. - Quashing of kalandra on the grounds of jurisdictional defect u/s 195 Cr.P.C. does not operate as a bar to subsequent legal action...........
Criminal Procedure Code, 1973, Section 195 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.215) - Cognizance of offence - Requirements contained in S.195 Cr.P.C./S.215 BNSS are not mere directory but are mandatory jurisdictional pre-requisite...........
Criminal Procedure Code, 1973, Section 195, 482 -- Kalandra u/s 195 Cr.P.C. - Directions issued to Director General of Police, Punjab to institutionalise a comprehensive sensitization programme for all police officials within State of Punjab to ensure strict adherence with mandatory provisions of S.195 Cr.P.C./S.215 BNSS...........
Criminal Procedure Code, 1973, Section 195 -- False evidence - Provision contained in S.195 Cr.P.C is not attracted to an offence of giving false evidence before Arbitral Tribunal...........
Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 174-A IPC - Criminal prosecution u/s 172 to 188 IPC can only be initiated through a written complaint filed by concerned public servant or another public servant to whom they are administratively subordinate - However, instead of adhering to this legal requirement, Magistrate..........
Criminal Procedure Code, 1973, Section 195 -- Forgery of documents in custody of Court - Proceedings u/s 195 Cr.P.C. are to be resorted to by Court where forgery has been committed - However, when forgery of documents is committed outside Court but documents thereafter are produced in Court, an FIR/complaint at the instance of a private individual is maintainable...........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forgery - Documents were not forged when the matter was sub-judice before civil Court - Suit was filed by respondents seeking certain reliefs and in the suit the forged document was filed - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
