Criminal Procedure Code, 1973, Section 340, 195(1)(b)(i) -- Perjury - Election petition - Petitioner falsely stating that notice was served on one of his employees whereas according to the election petitioner notice was served upon appellant himself - However, election petition itself has been dismissed - It would not be expedient to initiate proceedings u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Wrong statement made by accused in revision petition filed against order of summoning them - Application u/s 340 Cr.P.C. not filed during pendency of revision petition - It was only when revision was dismissed that application u/s 340 Cr.P.C. was filed alleging that a wrong statement was made by accused regarding..........
Criminal Procedure Code, 1973, Section 340, 341, 343 -- Complaint u/ss 340, 341 Cr.P.C. - If trial Court on receipt of complaint is satisfied that materials on record are adequate enough, it shall, as per mandate contained in S.343(1), deal with the case as if instituted on a police report - In case, complaint is filed without preliminary enquiry, it would be open for..........
Criminal Procedure Code, 1973, Section 340, 341, 343 -- Complaint u/ss 340, 341 Cr.P.C. - To be treated as a case instituted on a police report - However words `as far as may be' by no means can be totally ignored - These words acknowledge the discretion of trial Magistrate to obtain further materials by way of an inquiry even if summary in nature, if genuinely felt..........
Criminal Procedure Code, 1973, Section 340, 341, 343 -- Compliant u/ss 340, 341 Cr.P.C. - Procedure prescribed for cases instituted otherwise than on police report - Not attracted qua a complaint u/ss 340 and/or S.341 Cr.P.C...........
Criminal Procedure Code, 1973, Section 343, 340, Indian Penal Code, 1860, Section 193 -- Compliant u/s 340 Cr.P.C. - Offence u/s 193 IPC - Magistrate examined complainant and some other witnesses before framing charge against accused - It was in the form of summary inquiry to be satisfied as to whether materials on record would justify framing of charge against accused or..........
Criminal Procedure Code, 1973, Section 340 -- Compliant u/s 340 Cr.P.C. - Two routes are given to Court u/s 340 Cr.P.C. i.e : (i) where Court suo moto makes a finding in this regard and proceeds; and (ii) upon an application...........
Criminal Procedure Code, 1973, Section 340 -- Compliant u/s 340 Cr.P.C. - When Court decides to make complaint after conducting preliminary enquiry, Court should record a finding to that effect - Whenever an acquittal is therein, it does not means that there should be a complaint u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Compliant u/s 340 Cr.P.C. - S.340 Cr.P.C. opens a venue for any citizen to bring to the notice of concerned Court regarding commission of an offence whenever S.195 Cr.P.C, is applicable...........
Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - When offences are subject to S.195 Cr.P.C., Court which has to forward the complaint in writing to take cognizance also has discretionary power not to order to file complaint u/s 340 Cr.P.C...........
