Criminal Procedure Code, 1973, Section 193, 195, 209 -- Complaint u/ss 193 and 209 IPC - Private complaint is not maintainable - S.195(1)(b)(i) Cr.P.C. clearly shows that no Court shall take cognizance of offences u/ss 193 & 209 IPC except on a complaint in writing of that Court or such officer of the Court...........
Criminal Procedure Code, 1973, Section 195 -- Powers of High Court - Held, High Court being constitutional Court is empowered to exercise jurisdiction u/s.195(1) - High Court may exercise such power either on application made to it or suo motu whenever interests of justice demand...........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 193, 194, 195, 196, 200 -- Offence punishable u/ss 193 to 196 and 200 IPC - Cognizance can be taken only upon a complaint in writing, by Court before whom such false evidence has been given, or by an officer of such Court - FIR is not maintainable...........
Criminal Procedure Code, 1973, Section 195, 340 -- Prosecution for perjury - Validity - Held, prosecution for perjury is required only where perjury appears to be deliberate and conscious and conviction is reasonable, probable or likely - In present case, complaint filed after about 4 years on basis of mere impression that deposition on affidavit by respondent is false -..........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 180, 188, 417, 421 -- Quashing of FIR - Prosecution u/ss 180, 188, 417, 421 and 422 IPC - Held, in view of specific bar u/s 195 Cr.P.C. petitioner cannot be prosecuted, except by complaint in writing filed by public servant - Therefore, lodging of FIR is misuse and abuse of process of law -..........
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 463, 468, 471 -- Perjury - Documents filed in Court forged prior to its filing - Complaint against - Contention that complaint is not maintainable unless it is made by Court itself u/s 195 CrPC - Held, if fabrication of false evidence takes place or document is tampered with before filing in..........
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 190, 195, 340, Indian Penal Code, 1860, Section 191, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14 -- Giving false evidence - Quashing of proceedings - Held, merely because there was some calculation mistake committed by..........
Criminal Procedure Code, 1973, Section 340, 195 -- Civil Court refusing to file complaint u/s 340 r/w S.195 Cr.P.C. - Aggrieved party can file appeal only to the appellate Court in the civil side and not to the appellate Court in the criminal side - Criminal revision, held, not maintainable...........
Criminal Procedure Code, 1973, Section 340, 341, 195, Delhi High Court Act, 1966, Section 5, 10 -- Letters Patent (Del.), Cl.10 - Perjury - Letters patent appeal - Maintainability - Held, expression "other than High Court" appearing in S.341 Cr.P.C. would not disable aggrieved party to prefer Letters Patent Appeal, if it is otherwise maintainable, under other statutes and..........
Criminal Procedure Code, 1973, Section 340, 341, 195 -- Letters Patent (Del.), Cl.10 - Perjury - Letter patent appeal - Maintainability - Held, decision taken on application filed u/s.340 Cr.P.C. involves only formation of opinion as to whether or not complaint should be filed - At stage of formation of such opinion Court does not exercise criminal jurisdiction - Thus,..........
