Criminal Procedure Code, 1973, Section 190, 195, 482, Indian Penal Code, 1860, Section 420, 182, 109 -- Allegation that accused cheated owner of property by forging documents in collusion with co-accused/public servant - Quashing of proceedings sought on the ground that cognizance taken by Magistrate for offence u/s 182 IPC is erroneous since investigation of the same was..........
Indian Penal Code, 1860, Section 195 -- Proceedings u/s 195 IPC - Initiation of - Held, proceedings u/s 195 are initiated when court is of opinion that it is expedient in interest of justice that enquiry should be made into any offence involving giving of false evidence - Therefore, court has to take a very cautious approach and to initiate proceedings only when it is..........
Indian Penal Code, 1860, Section 420, 340, 195 -- Sale of property inspite of attachment order passed by Civil Court - Complaint u/s 420 IPC - Complaint ordered to be treated as an application u/s 340 Cr.P.C. which shall be placed before the Court, which ordered attachment - Court shall hold an inquiry as envisaged u/s 340 Cr.P.C. and if comes to the conclusion that an..........
Criminal Procedure Code, 1973, Section 195, 182, Indian Penal Code, 1860, Section 182 -- False complaint to SSP and DIG - On enquiry DSP found allegations false - SHO presented calendra against accused u/s 182 Cr.P.C. - Held, SHO is not competent to file complaint in view of S.195(1) Cr.P.C. which could be filed by SSP or DIG or by an officer to whom they are..........
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 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..........
