Criminal Procedure Code, 1973, Section 340 -- Enquiry u/s 340 Cr.P.C. - Requirement of notice to accused - Held, there is no statutory requirement to afford an opportunity of hearing to persons against whom court might file a complaint before Magistrate for initiating prosecution proceedings...........
Criminal Procedure Code, 1973, Section 340 -- Expression of guilt or innocence should not be made by Court while passing order u/s 340 Cr.P.C...........
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..........
