Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Scope - S.195(1)(b)(ii) Cr.P.C. would be attracted only when offences enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time when the document was in custodia legis...........
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 195(1)(b)(i), 195(1)(b)(ii), , Section 193, 196, 420, 120B - - Fabrication of order of High Court by accused in a writ petition - Complaint filed u/s 195(1)(b)(i) and (iii) by Deputy Registrar of High Court before Special Judicial Magistrate without any authorization by High Court - Held, complaint is not valid - Magistrate cannot..........
Criminal Procedure Code, 1973, Section 193, 195, 209 -- Complaint u/ss 193 and 209 IPC - Private complaint is not maintainable - S.195(1)(b)(i) Cr.P.C. clearly shows that no Court shall take cognizance of offences u/ss 193 & 209 IPC except on a complaint in writing of that Court or such officer of the Court...........
Criminal Procedure Code, 1973, Section 195 -- Powers of High Court - Held, High Court being constitutional Court is empowered to exercise jurisdiction u/s.195(1) - High Court may exercise such power either on application made to it or suo motu whenever interests of justice demand...........
Indian Penal Code, 1860, Section 193, 195 -- Court record tampered with - If a record after it comes into custody of Court is tampered, an offence u/s 193 IPC is attracted and police investigation is permissible, though for the purpose of taking cognizance of offence, procedure as contemplated u/s 195 Cr.P.C. has to be followed - Held, police investigation cannot be..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 193, 194, 195, 196, 200 -- Offence punishable u/ss 193 to 196 and 200 IPC - Cognizance can be taken only upon a complaint in writing, by Court before whom such false evidence has been given, or by an officer of such Court - FIR is not maintainable...........
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, 482, Indian Penal Code, 1860, Section 180, 188, 417, 421 -- Quashing of FIR - Prosecution u/ss 180, 188, 417, 421 and 422 IPC - Held, in view of specific bar u/s 195 Cr.P.C. petitioner cannot be prosecuted, except by complaint in writing filed by public servant - Therefore, lodging of FIR is misuse and abuse of process of law -..........
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..........
