Criminal Procedure Code, 1973, Section 195, 340 -- Tampering with record of Rent Controller - Rent Controller is not a Court and cannot make a complaint u/s 340 Cr.P.C. - Complaint can be made only by a private party...........
Criminal Procedure Code, 1973, Section 340 -- Obstruction in proceedings of Court - Respondent alleged to have abused and threatened to beat complainant in Court and obstructed proceedings in Court and also forged Will - Separate FIR lodged regarding forgery of Will - Will was not forged during proceedings of Court - Held, controversy regarding Will cannot be inquired..........
Criminal Procedure Code, 1973, Section 195, 340 -- Prosecution for perjury - Validity - Held, prosecution for perjury is required only where perjury appears to be deliberate and conscious and conviction is reasonable, probable or likely - In present case, complaint filed after about 4 years on basis of mere impression that deposition on affidavit by respondent is false -..........
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 463, 468, 471 -- Perjury - Documents filed in Court forged prior to its filing - Complaint against - Contention that complaint is not maintainable unless it is made by Court itself u/s 195 CrPC - Held, if fabrication of false evidence takes place or document is tampered with before filing in..........
Criminal Procedure Code, 1973, Section 340, 195 -- Civil Court refusing to file complaint u/s 340 r/w S.195 Cr.P.C. - Aggrieved party can file appeal only to the appellate Court in the civil side and not to the appellate Court in the criminal side - Criminal revision, held, not maintainable...........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193, Evidence Act, 1872, Section 45 -- False evidence - Expert witness - Ballistic expert clearly stated his inability to give an opinion about weapon and number of cartridges fired - However in Court he deposed that cartridges appeared to have been fired from two separate weapons - Held, it is a..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193 -- False evidence - Witness stated before police that accused entered bar of hotel at 2 A.M. in the night and asked for drink - Deceased who was serving liquor informed accused that liquor was not available - Feeling annoyed accused took out pistol from his Pant and fired one shot at ceiling..........
Criminal Procedure Code, 1973, Section 340, 341, 195, Delhi High Court Act, 1966, Section 5, 10 -- Letters Patent (Del.), Cl.10 - Perjury - Letters patent appeal - Maintainability - Held, expression "other than High Court" appearing in S.341 Cr.P.C. would not disable aggrieved party to prefer Letters Patent Appeal, if it is otherwise maintainable, under other statutes and..........
Criminal Procedure Code, 1973, Section 340, 341, 195 -- Letters Patent (Del.), Cl.10 - Perjury - Letter patent appeal - Maintainability - Held, decision taken on application filed u/s.340 Cr.P.C. involves only formation of opinion as to whether or not complaint should be filed - At stage of formation of such opinion Court does not exercise criminal jurisdiction - Thus,..........
Criminal Procedure Code, 1973, Section 195, 340 -- Forgery of document committed before document was produced in Court - Bar of S.195(1)(b)(ii) of Code not applicable - To attract bar of S.195(1)(b)(ii) offence should be committed during time when document was in custodia legis...........
