Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Criminal Procedure Code, 1973, Section 2(i), 195(1)(b)(i), (ii), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 193 -- Explanation 2 - Fabricated document - Fabricated evidence neither given on oath before Investigating Officer, nor Investigating Authority is "Court" for fabrication of document - Thus, investigation conducted..........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 176, 177, 181, 199, 506 -- Private complaint - Offence u/ss 176, 177, 181, 199, 506 IPC - Cognizance of case was erroneously assumed by Court without complaint in writing made by Competent Authority i.e public servant - Trial of case was thus, without jurisdiction ab inito - Charge sheet..........
Criminal Procedure Code, 1973, Section 195(1)(a)(i), Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - No written complaint was made to any Court by any public servant or some other public servant, who was subordinate as per S.195(1)(a)(i) Cr.P.C - FIR could not be registered by police as there was no ban on marriages during lockdown due to COVID pandemic -..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii) -- Distinction between S.195(1)(b)(i) and S.195(1)(b(ii) Cr.P.C - Where facts mentioned in a complaint attract provisions of Ss.191 to 193 IPC, S.195(1)(b)(i) Cr.P.C applies - However, offence punishable under said Sections of IPC does not have to be committed only in any proceeding in any Court but can also be an..........
Criminal Procedure Code, 1973, Section 195(1)(b) -- Complaint u/s 195(1)(b) Cr.P.C - If in the course of same transaction two separate offences are made out for one of which S.195 Cr.P.C is not attracted and it is not possible to split them up, drill of S.195(1)(b) Cr.P.C must be followed...........
Criminal Procedure Code, 1973, Section 195(1)(a) -- Complaint - Public servant who is affected or offended by wrongful acts enumerated therein alone could make complaints in writing to initiate prosecution - Such public servant affected by wrongs cannot delegate or assign his function to anybody else except to some other public servant who is administratively subordinate..........
Criminal Procedure Code, 1973, Section 195(1)(a) -- Complaint - Offence u/s 182 IPC - Public servant who prosecutes a person accused of offence punishable u/s 182 IPC, has to be regarded as acting only in discharging of his official duties...........
Criminal Procedure Code, 1973, Section 195, 352, Indian Penal Code, 1860, Section 174 -- Cognizance of offence - Offence u/s 174 IPC - S.352 Cr.P.C creates an embargo on a judge of criminal Court or a Magistrate except a judge of High Court from trying any person for offences referred to in S.195 Cr.P.C. - It is thus, not proper for Special Judge to have taken cognizance..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence - Respondent allegedly stated certain facts which are not accurate in his rejoinder filed in civil suit - However, explanation offered by respondent in his rejoinder seems reasonable - It would be difficult to conclude that respondent had deliberately tried to misled Supreme Court to obtain a..........
