Criminal Procedure Code, 1973, Section 190, 195(1), 182, 211, 499 - - Cognizance of offences - Powers of Magistrate - Bar u/s 195(1) of Cr.P.C. - After registration of FIR respondents had applied for anticipatory bail wherein some other judicial proceedings also took place - After grant of bail complaint was filed and therefore proceedings before court within meaning of..........
Criminal Procedure Code, 1973, Section 195 -- Documents produced in evidence - Offence in relation to - Applicability of S.195 - Held, S.195(1)(b) (ii) Cr.P.C. would be attracted only when offences enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Document given in evidence - Offences relating thereto - Offence has been committed by petitioners in respect of a document produced or given in evidence in a proceeding in a court - Complaint thereagainst - Maintainability of - Held, except on complaint in writing of that court by such officer of court as that court..........
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 195(1) -- Filing of forged documents in court - Prosecution for - Forgery is alleged to have been committed with respect to the Will in question prior to filing of suit in civil court - Petitioner prosecution u/s 195(1) IPC - Legality of - Held, expression "when such offence is alleged to have been committed in respect of a document..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 181, 182, 177 -- Respondent No.2 alleged that petitioner No.2 made false statement and gave false affidavits in Court - On the complaint filed by Respondent No.2 Court could not have taken any cognizance - Magistrate could not summon petitioner No.2 for offences u/ss 177, 181 & 182 IPC as he could..........
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...........
Criminal Procedure Code, 1973, Section 195(1)(b) -- Cognizance of offence - Bar of S.195(1)(b) - Held, bar as enshrined under provision of S.195(1)(b)(ii) Cr.P.C. would be attracted only when offence, mentioned in the aforesaid provision, is committed during the time when document was in custodia legis - In present case, allegation that document having been forged was..........