Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No cognizance can be taken by Magistrate in view of S.198 Cr.P.C, for an offence punishable under Chapter XX IPC except upon a complaint made by some person aggrieved by offence - But it does not include police report u/s 173(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No complaint was made in the case - Charge sheet itself is not maintainable - Cognizance order on basis of charge sheet is thus, vitiated - Impugned order to the extent that while summoning of applicants, Court treated the charge sheet as a complaint case..........
Indian Penal Code, 1860, Section 198 -- False or fabricated certificate - Caste certificate per se cannot be false or fabricated - If a caste certificate is invalidated as applicant could not prove his caste cannot be termed false only on the ground that it was invalidated...........
Indian Penal Code, 1860, Section 198 -- False or fabricated certificate - Corruptly using the certificate is not sufficient - Accused must have knowledge that certificate is false - Allegation that certificate is false to the knowledge of accused must be proved by prosecution...........
Prevention of Corruption Act, 1988, Section 19, 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Sanction for prosecution - Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Accused seized to be public officer on the date of taking cognizance of offences against him - Allegations of abuse of office are not against accused - Allegations against accused..........
Prevention of Corruption Act, 1988, Section 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Order taking cognizance - Allegations made in charge sheet and material produced in support thereof, prima facie disclose ingredients of offences alleged against accused - At the stage of issuing summons, Court..........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 198, 2(d) -- Bigamy - Aggrieved person - FIR was filed by uncle of applicant and cognizance is taken on police report submitted by I.O - Neither I.O nor uncle of applicant can be termed as aggrieved person in view of S.198 Cr.P.C - They cannot also be treated as complainant, because no statement..........
Criminal Procedure Code, 1973, Section 198, Indian Penal Code, 1860, Section 497, 498 -- Complaint lodged by uncle of victim - Competency - Adultery - Victim was deserted by her husband and thereafter she was living with her son in the house of her uncle and from there she was enticed away by accused - Uncle of victim cannot be considered is an aggrieved person as no..........
Criminal Procedure Code, 1973, Section 198(1) -- S.198(1) Cr.P.C. bars taking cognizance of an offence punishable under Chapter XX IPC upon a police report - Such bar cannot bypass by simply adding a cognizable offence in the FIR and the charge sheet without any basis...........
Indian Penal Code, 1860, Section 497, 498, Criminal Procedure Code, 1973, Section 198(2) -- Adultery - Husband concerned alone can file complaint against adulterer - However, in the absence of such husband, some other person can make complaint in respect of said offence under conditions provided in S.198(2) Proviso Cr.P.C. - But once husband obtains divorce from his wife,..........
