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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Criminal Procedure Code, 1973, Section 195, 340 -- Eviction proceedings - False statement made before Rent Controller - Rent Controller though discharges quasi-judicial functions, he is not a Court and cannot therefore make a complaint u/s 340 Cr.P.C. - A complaint could be made by a private party in the..........
Criminal Procedure Code, 1973, Section 340, 195 -- Offence committed u/s 195(1)(b) Cr.P.C. in a judicial proceeding - Court to hold an inquiry u/s 340 of the Code and record a specific finding - Filing of complaint straightaway is against the mandatory provision of S.340 Cr.P.C. - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 195(1)(a), 482, Indian Penal Code, 1860, Section 188 -- Order passed by public servant - Disobedience of - Cognizance of offence - Tehsildar submitted a report to Town Inspector, who appears to have forwarded the report to Police Station leading to registration of criminal case u/s 188 of IPC - Police proceeded to investigate the..........
Indian Penal Code, 1860, Section 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, Criminal Procedure Code, 1973, Section 195(1) -- Offence if covered u/ss 172 to 188 IPC then police has no power to register and investigate the case without prior permission of concerned Magistrate...........
Criminal Procedure Code, 1973, Section 195(b)(1), 340 -- Proceedings pending before High Court - Offence relating to document filed in such proceedings - Cognizance of - Held, preliminary enquiry is contemplated to record a finding before a complaint in writing may be sent to Magistrate having jurisdiction, particularly when proceedings in nature of Writ Petition is..........
Criminal Procedure Code, 1973, Section 227, 195(1)(b)(ii), Indian Penal Code, 1860, Section 199, 467, 468, 471 -- Framing of charges - Petitioner stood surety for accused, even though accused was unknown to petitioner - Petitioner thus was not competent to furnish bail for accused - Petitioner filed false declaration as well as false affidavit in support of said..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii),340 -- Bar against prosecution in respect of offence of forgery - Forgery of document committed before said document produced in Court - Held, bar as contemplated u/s 195(1) (b) (ii) not applicable...........
Criminal Procedure Code, 1973, Section 211, 195, 340, Indian Penal Code, 1860, Section 500 -- Complaint against complainant - Complaint found to be false - False complaint before a Court of law amounts to committing fraud on Court and it is for the Court to proceed against the erring person - S.500 IPC gives right to sue to a person who is defamed within the meaning of..........
