Criminal Procedure Code, 1973, Section 195(b)(i), 161, Indian Penal Code, 1860, Section 167, 193 -..........
Criminal Procedure Code, 1973, Section 200, 182, 195 - - Complaint filed by public servant - Complaint u/ss 182, 195 IPC filed by Additional Sessions Judge in discharge of his official duties and after recording findings in the judgment - Held, it was not necessary for Chief Judicial Magistrate to record evidence of witnesses u/s 202 CrPC and those witnesses can very well..........
Criminal Procedure Code, 1973, Section 195 -- Cases covered by bar of S.195 of the Code - There is no scope for filing a private complaint...........
Criminal Procedure Code, 1973, Section 195 -- Prosecution for giving false evidence - Perjury - Sessions Judge had neither recorded his opinion that it was expedient in the interest of justice that an enquiry should be held against appellants for offences mentioned in S.195(1)(b) of the Code nor any written complaint was made - Held, no cognizance can be been taken by CJM..........
Criminal Procedure Code, 1973, Section 340, 195, 482 -- False statement - Quashing of proceedings - Applicant alleged to have made a wrong statement that revision of other side was dismissed with costs - Held, this statement does not have direct bearing on the outcome of proceedings and would not constitute false statement - It is only that statement which has direct..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A -- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against..........
Indian Penal Code, 1860, Section 182,2011, Criminal Procedure Code, 1973, Section 195(1)(b) -- Enquiry proceeded on the protest complaint - On enquiry, if protest petition is found to be false then Magistrate can proceed for offence committed u/s 211 IPC - Any such prosecution has to satisfy the interdiction covered u/s 195(1) (b) Cr.P.C. - A parallel proceeding on a..........
Criminal Procedure Code, 1973, Section 340,195 -- Giving false evidence as well as threats and intimidation to a person to give false evidence in relation to a proceeding in a Court - Presiding Officer to file a complaint before a Court of competent jurisdiction...........
Criminal Procedure Code, 1973, Section 195,340,239, Indian Penal Code, 1860, Section 177,181,182,195 -- Offence u/s 177, 181, 182 and 195 IPC - FIR lodged by a private person - Plea that it can be lodged only by Court - Provision of S.195 Cr.P.C. is not applicable to offence u/s 195 IPC - Provisions of Ss.195 & 340 Cr.P.C. not applicable to offence u/ss 177 and 182 IPC -..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195 -- Giving false and fabricated evidence - Enquiry - Factors to be taken into account - Held, court at the stage envisaged in S.340 of the Code is not deciding the guilt or innocence - At that stage court only considers whether it is expedient in interest of justice that an inquiry should be..........