Criminal Procedure Code, 1973, Section 195, 340 -- Complaint u/s 340 Cr.P.C - Bar u/s 195 Cr.P.C - One person by way of impersonation was produced before Court and was identified as such before Court and thereafter remand and bail was obtained - Complaint therefore, can only be lodged by Court from which remand was obtained or before whom bail was filed and bail bonds were..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195(1)(b)(i) -- Private complaint u/s 193 IPC - Offence u/s 195(1)(b)(i) Cr.P.C. punishable u/s 193 IPC - Cognizance of offence cannot be taken on the basis of private complaint...........
Criminal Procedure Code, 1973, Section 195, 340 -- Scope - Sub section 195(1)(b)(i) and 195(1)(b)(ii) cater to separate offences - S.340 Cr.P.C. is a generic section for offences committed u/s 195(1)(b), the same has different and exclusive application to clauses (i) and (ii) of S.195(1)(b) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Prosecution for perjury be sanctioned by Courts only in those cases where perjury appears to be deliberate and it would be expedient in the interest of justice to punish delinquent and not merely because there is some inaccuracy in the statement...........
Criminal Procedure Code, 1973, Section 193, 195, 211, 340 -- Disparaging remarks against police officials - Initiation of proceedings - High Court without recording reasons u/s 340(1) Cr.P.C. and without affording an opportunity of hearing to police officials based on materials produced before Appellate Court, issued direction to Registrar General to lodge a complaint..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - In order to prosecute an accused for an offence punishable u/S.188 of IPC, it is mandatory to follow procedure prescribed u/S.195 of Cr.P.C., else, such action is rendered void ab initio...........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Objective - Is to provide for particular procedure, which gives authority only to public servant - Legislative intent is to prevent an individual or a group of persons from facing criminal prosecution instituted upon..........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - There must be a complaint by public servant, who is lawfully empowered, whose lawful order has not been complied with - Provisions of S.195 Cr.P.C are mandatory and no, compliance, with it, will make entire process void ab..........
Criminal Procedure Code, 1973, Section 154, 156, 157, 173(2), 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Cognizable Offence - FIR - Police Officer is not entitled to proceed u/Ss.154, 156, 157 of Cr.P.C - Offence being cognizable by itself, does not enable Police Officer to register an FIR for an offence u/S.188..........
Criminal Procedure Code, 1973, Section 195(1)(b) -- Prosecution for contempt of lawful authority of public servants - Prohibits complaint for offences that is committed during Court proceedings - Such offence committed during Court proceedings like forgery, impersonation, perjury etc., by itself may be cognizable in nature, but that does not empower Police Officer to..........
