Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193, 195(1)(b)(i) -- S.193 IPC being an offence coming under purview of S.195(1)(b)(i), a complaint in writing of that Court, or of some of the Court to which that Court is subordinate, cognizance can be taken...........
Criminal Procedure Code, 1973, Section 340 -- Pursuant to a preliminary enquiry Court cannot direct superior officer of such person involved to take legal action for offence u/s 193 IPC, instead of proceeding to file a complaint as envisaged u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340, 341(2) -- Court took suo motu action u/s 340 Cr.P.C. - Order u/s 341 not appealable - Such an order is also not challengeable by way of revision...........
Criminal Procedure Code, 1973, Section 340, 156(3) -- False evidence in Court - Maintainability of application u/s 156(3) Cr.P.C. - Held, it is for the court to proceed against party, who has adduced evidence during course of trial, which was forged and fabricated or with mala fide intention to mislead court - An application u/s 156(3) Cr.P.C. is not maintainable...........
Constitution of India, 1950, Article 226, 227, Criminal Procedure Code, 1973, Section 340, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite u/s 24 of Hindu Marriage Act - Husband filed application u/s 340 Cr.P.C. for wife to be proceeded against u/s 340 Cr.P.C. for fabrication, contradiction or falsity of averments in the application - Specific instances..........
Criminal Procedure Code, 1973, Section 202, 195, 340, Indian Penal Code, 1860, Section 191, 193, 209 -- Offences u/ss 191, 193 & 209 IPC - Issuance of summons - Validity of - Held, S.340 of the Code prescribes procedure to be followed for offences mentioned in S.195 of the Code - Court could not have taken cognizance of offence allegedly committed by petitioner u/s 193 r/w..........
Criminal Procedure Code, 1973, Section 340, 344 -- Witness giving false evidence or fabricating such evidence - Court before which it is committed has power u/s 344 Cr.P.C. to punish the offender instead of resorting to provision of S.340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 195, 340 -- Complaint to High Court or Court of Magistrate - Complaint found to be false - Complaint against complainant - In case complaint is made by High Court then complaint may be signed by such an officer as the High Court may appoint - However, in all other cases, the same is to be done by the Presiding Officer of the Court or..........
Criminal Procedure Code, 1973, Section 340, 195 -- Criminal complaint made to SSP who sent the same to SHO - SHO found the complaint to be false - SHO filed a complaint u/s 182 IPC before Magistrate against complainant - Complaint dismissed as the same could not be lodged by SHO - U/s 195 Cr.P.C. complaint could be filed either by SSP or his superior officer and not by..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 467, 471 -- Forged and fabricated agreement of sale produced in Court - Provision of S.195 Cr.P.C. is not attracted to a case in which a document is fabricated prior to its production or given in evidence...........
