Criminal Procedure Code, 1973, Section 340, 341 -- Application u/s 340 Cr.P.C - Dismissal of application filed in civil Court - Appeal challenging said order was rightly entertained as Civil Miscellaneous Appeal and thus governed by provisions of CPC - Failure of legal representatives of deceased appellant to get themselves impleaded in appeal resulted in its abatement...........
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..........
Indian Penal Code, 1860, Section 191, 193, 199, Criminal Procedure Code, 1973, Section 340, 195 -- Perjury - Giving false evidence - Petitioner stated in complaint that respondent being a public servant has given false evidence in different cases before various Courts and sought for initiation of criminal action for perjury against her u/ss 191, 193, 199 IPC - However to..........
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..........
