been filed under Section 482 of
the Code of Criminal Procedure, 1973 (in short ' Cr.P.C .') seeking
quashing of complaint ... which is culled out
herein below :-
" Section 340 in The Code Of Criminal
Procedure, 1973 in cases mentioned in section 195 .
(1) When, upon
committed in relation to the proceedings in
that court. Section 340 Criminal Procedure Code, 1973 is
invoked to get over ... imposed under Section 195 Criminal
Procedure Code, 1973 In ordinary crimes not adverted to under
Section 195 Criminal Procedure Code, 1973 if in respect
application filed by the appellant / defendant under Section 340 of the
Code of Criminal Procedure, 1973 ( Cr.PC ) being Crl.M.A. No.14712/2013 ... Section
193 IPC), the reasons given in the judgment in the habeas corpus petition or
in the order under Section 340(1)
Section 340 of Code of Criminal Procedure, 1973
(hereinafter referred to as CrPC ) lays down as under:
340. Procedure in cases mentioned ... said Application on
merits in accordance with the procedure laid down in
Section 340 CrPC.
52. It is clarified that the merits
Indian Penal Code.
14.2. Under Section 190 of the Code of Criminal Procedure any Magistrate of 1st Class or of 2nd Class specially empowered under ... aforementioned sections of the Indian Penal Code .
15. Section 340 of the Code of Criminal Procedure reads as follows :-
"340. Procedure in cases mentioned
section 340 of Code of
Criminal Procedure. Thus, section 195 of Code of Criminal
Procedure does not restrict to only the criminal courts but legislature ... conducting other
proceedings under Code of Criminal Procedure , enjoys similar powers
of the Criminal Court under Code of Criminal Procedure for the
purpose
Code of Criminal Procedure, 1973 (“ CrPC ”) was necessary for
prosecuting the case under Section 193 , IPC. The Trial Court
rejected this argument ... were
rendered on Section 195 of the Code of Criminal
Procedure, 1898 (for short “the old Code”)…
14. A Full Bench of the Allahabad High
340 Cr.P.C.
provides the procedure for offences enumerated in Section 195(1)
(b) Cr.P.C. The object of Section 340 ... Sections
193, 195 and 211 IPC, the High Court ought to have followed the
procedure contemplated under Section 340(1)
Indian
Penal Code (in short the CODE) vide summoning order dated
26.10.2010 passed by SDJM, Mohali on a complaint filed under
Section 340 ... which is culled out
herein below:-
"Section 340 in The Code Of Criminal Procedure,
1973 in cases mentioned in section 195.
(1) When, upon
section 340 of Code of Criminal Procedure, the Court concerned has to adopt the procedures as contemplated under Section 195 of ... under section 340 of Code of Criminal Procedure separately. The application under section 482 of the Code of Criminal Procedure is thus disposed