Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195, 482 -- FIR u/s 188 IPC - Complaint in writing not as per S.195 Cr.P.C. - FIR quashed...........
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188 -- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking..........
Criminal Procedure Code, 1973, Section 340, 195 -- Forgery or forged document - Mere incorrect statement in vakalatnama would not amount to create a forged document and it cannot be reason for exercising jurisdiction u/s 340 Cr.P.C for issuance of direction to lodge criminal complaint against accused...........
Criminal Procedure Code, 1973, Section 340, 195 -- Forgery - It is necessary before lodging complaint that Court must be satisfied that it was expedient in interest of justice to lodge complaint - Use of actual words of S.340 Cr.P.C not necessary, but Court should record a finding indicating its satisfaction that it is expedient in interest of justice that an enquiry..........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Criminal Procedure Code, 1973, Section 156(3), 195 -- Direction to register FIR - S.195 Cr.P.C has no application to control power of Magistrate to entertain an application u/s 156(3) Cr.P.C and direct police to register a report and thereafter make investigation, as S.195 Cr.P.C will only be attracted when Magistrate proceed to take cognizance u/s 190 Cr.P.C...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - Document in question was not forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - It cannot be said that document in question was forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- In absence of complaint in terms of S.195(1)(b)(i) & (ii) r/w S.340 Cr.P.C. is filed, the petitioner cannot be prosecuted for the said offences by directing registration of offence u/ss 193 & 471 IPC and the order directing registration of above-stated..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- Cognizance of offence - Offence u/ss 193, 471 - It appears that petitioner is Government servant and he is said to have committed offence u/ss 193, 471 IPC in relation to Court proceedings therefore, Ss.195(1)(b)(i) & 195(1)(b)(ii) Cr.P.C. is squarely..........
