Criminal Procedure Code, 1973, Section 340 -- Perjury - Preliminary inquiry - When in the opinion of Court there is enough material to initiate proceedings, there is no need to conduct preliminary inquiry...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - No statutory requirement that Court should give opportunity of hearing to accused before filing a complaint nor it is necessary that a preliminary inquiry is to be held mandatorily...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Once an opinion has been formed with regard to offence having been committed u/s 340 Cr.P.C, Court needs to make a complaint in writing and the same has to be sent to a Magistrate of competent jurisdiction - Magistrate has to deal with such a complaint u/s 343 Cr.P.C as if it was instituted as a police report...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Petitioner intentionally made a false statement on oath before a Court of law - Merely because no preliminary inquiry was conducted it would not in any manner vitiate the trial - Since petitioner belongs to lower strata of society and his whole family is dependent upon him, sentence awarded to him is reduced to S.I of..........
Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Mere statement of opposite party that alleged document is forged document is not sufficient for purpose of S.340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Proceedings u/s 125 Cr.P.C - Allegation that wife produced forged birth certificate of her son - However, no register, no document, no birth certificate issued in favour of any third party has been produced and exhibited before Court below - Mere statement of husband that alleged document is forged..........
Criminal Procedure Code, 1973, Section 340 -- Inquiry u/s 340 Cr.P.C is mandatory in nature and such an enquiry should be conducted before proceeding further in cases involving allegation of commission of offences u/ss 192, 193, 195 IPC...........
Criminal Procedure Code, 1973, Section 340 -- All omissions or false statements given by a witness shall not be construed as substantive to attract offence of perjury - However, gravity of false statement, circumstances under which such statement is made, intend behind making such statement and its ramification in final decision of case may be decisive while proceeding u/s..........
Criminal Procedure Code, 1973, Section 340 -- False statement - False statement made in application u/s 45 of Evidence Act did not have any impact on outcome of said application - Not a fit case to proceed against respondents u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- False statement - If false statement affects the very nature of order passed by Court, then that can be one of circumstance where proceedings u/s 340 Cr.P.C. can be initiated...........
