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1 - 10 of 18 (0.27 seconds)Section 195 in The Code of Criminal Procedure, 1973 [Entire Act]
Amarsang Nathaji As Himself And As Karta ... vs Hardik Harshadbhai Patel And Ors on 23 November, 2016
(c) In Amarsang Nathaji v. Hardik Harshadbhai Patel, (2017) 1 SCC 113,
Supreme Court holds,
"5. There are two pre conditions for initiating proceedings
under Section 340 Cr.P.C. - (i) materials produced before the
court must make out a prima facie case for a complaint for the
purpose of inquiry into an offence referred to in clause (b)(i) of
sub-Section (1) of Section 195 of the Cr.P.C. and (ii) it is
expedient in the interests of justice that an inquiry should be
made into the alleged offence.
K.T.M.S. Mohd. And Anr vs Union Of India on 28 April, 1992
sufficient to justify a prosecution under Sections 199 and 200 of
the Indian Penal Code (45 of 1860) (hereinafter referred to as
"the IPC"); but it must be shown that the defendant has
intentionally given a false statement at any stage of the judicial
proceedings or fabricated false evidence for the purpose of
using the same at any stage of the judicial proceedings. Even
after the above position has emerged also, still the court has to
form an opinion that it is expedient in the interests of justice to
initiate an inquiry into the offences of false evidence and
offences against public justice and more specifically referred in
Section 340(1) of the Cr.P.C., having regard to the overall factual
matrix as well as the probable consequences of such a
prosecution. (See K.T.M.S. Mohd. and Another v. Union of India,
(1992) 3 SCC 178). The court must be satisfied that such an
inquiry is required in the interests of justice and appropriate in
the facts of the case.
Pritish vs State Of Maharashtra & Ors on 21 November, 2001
7. In the process of formation of opinion by the court that it is
expedient in the interests of justice that an inquiry should be
made into, the requirement should only be to have a prima
facie satisfaction of the offence which appears to have been
committed. It is open to the court to hold a preliminary inquiry
though it is not mandatory. In case, the court is otherwise in a
position to form such an opinion, that it appears to the court
that an offence as referred to under Section 340 of the Cr.P.C.
has been committed, the court may dispense with the
preliminary inquiry. Even after forming an opinion as to the
offence which appears to have been committed also, it is not
mandatory that a complaint should be filed as a matter of
course. (See Pritish v. State of Maharashtra and Others, (2002) 1
SCC 253).