Criminal Procedure Code, 1973, Section 340, 343 -- Complaint u/s 340 Cr.P.C. - Magistrate shall proceed to deal with the case as if it were instituted on Police report and shall proceed under Sections 238 to 243 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Forged documents - For purpose of filing criminal complaint by Court it is not necessary to hold preliminary enquiry if Court can form an opinion that offence was committed by accused - Even when the Court forms such an opinion it is not mandatory that the Court should make a complaint...........
Criminal Procedure Code, 1973, Section 195, 340, 482 -- Quashing of FIR - offence committed in course of proceedings of a civil suit - Bar of S.195 - Comes at the stage of taking cognizance - Police is not precluded from investigating the allegations made and collecting evidence or material in support thereof...........
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 467, 468, 420 -- Impersonation in Court - Decree for declaration to be owner in possession passed on that basis - FIR lodged by real owner - Sought to be quashed on the ground that complaint could be filed by the Court where the fraud was committed in view of bar of Ss.195, 340 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 340 -- Notice or preliminary enquiry - Provision does not require - However, principles of natural justice require reasonable opportunity by issuing show cause notice to be given before coming to final conclusion for prosecution in terms of S.340(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 195, 340, 156(3), 193 -- Affidavit - Genuineness doubted - Sessions Judge - Can't direct enquiry/investigation by CJM or Police - If prima facie satisfied then a complaint in writing has to be sent to a Magistrate of the first class having jurisdiction...........
Criminal Procedure Code, 1973, Section 195, 340, 482 -- Forging a false will - Probate proceedings pending - FIR u/s 420 IPC lodged - Quashing of FIR - FIR cannot be quashed as Court can file a complaint for the offence on the basis of the FIR (filed by the aggrieved private party) and the materials collected during investigation, provided it forms the requisite opinion..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- Document forged outside Court and then produced - Court before whom such forged document is produced can initiate the proceedings against the offender and holding of a preliminary inquiry is not necessary...........
Criminal Procedure Code, 1973, Section 482, 340 -- Quashing of F.I.R. - Offence u/S.406/506 IPC - Application filed by petitioner that complainant respondent has compromised the matter and filed an affidavit allegedly executed by her - The complainant respondent denied having executed any affidavit - Held that the petitioner has not come to court with clean hands no..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence or affidavit in a proceeding before a Court - Two conditions to be fulfilled are (i) a person has given a false affidavit in a proceeding before the court and (ii) in the opinion of the court it is expedient in the interest of justice to make an inquiry against such a person in relation to the offence..........
