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...........
Criminal Procedure Code, 1973, Section 340 -- Compliant u/s 340 Cr.P.C. - Prima facie there should be a deliberate and conscious attempt to interfere in the administration of justice...........
Criminal Procedure Code, 1973, Section 340 -- Proceedings u/s 340 Cr.P.C. - Appellant did not support prosecution as he entered into compromise with accused - Such act of appellant cannot be said to be detrimental or contrary to criminal jurisprudence - Cognizance taken against appellant u/s 340 Cr.P.C. on that basis, held, not proper...........
Criminal Procedure Code, 1973, Section 195, 340 -- Offence u/s 195 Cr.P.C., if committed, then either criminal, civil, tribunal or revenue Court can initiate action u/s 340 Cr.P.C...........
