petitioner under Section 193 IPC this Court has
completely stultified the procedure prescribed under the Code of Criminal
Procedure thereby acting contrary to the mandate ... fabricating false evidence in a judicial proceeding. Section 195
of the Criminal Procedure Code ( Cr.P.C .) provides that where an act amounts
RAJENDRA BABU, J. :
An application under Section 340 of the Criminal Procedure Code was laid
by the respondent in the Designated Court at Bombay ... locus standi of the
respondent to file an application under Section 340 CrPC and whether that court
had jurisdiction to entertain the application
Code of Civil Procedure (`Code' for short) and the correctness of
invoking of Section 340 of the Code of Criminal Procedure (` ... proceeded under Section 195 of
Indian Penal Code read with Section 340 of Code of Criminal Procedure, are
without any basis. Equally unwarranted
Sessions Judge, North Goa, under Section 340 read with
Section 195 of the Code of Criminal Procedure, 1973 (“ CrPC ”) in respect
of offences ... difference between Section 195(1)(c) of the Code of Criminal
Procedure, 1898 and Section 195(1)(b)(ii) of the CrPC
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)
could
only be filed subsequent to holding an inquiry U/s 340 Cr.P.C is not
tenable because the question of holding an inquiry ... offence
under s. 186 IPC. The Ld. ASJ has rightly observed that the question
of Preliminary enquiry under s. 340 Cr.P.C. would have
left home, she filed
application under Section 125 of the Code of Criminal Procedure before
the Family Court, Karkardooma, Delhi, seeking maintenance. Most ... being:
(i) Crl. M. A. No.42585 of 2019 in W. P. (Crl.) No.1025 of
2023 (under Section 340 CrPC)
(ii) Application
which had disposed of Criminal Miscellaneous
(Co.) No. 4 of 2019 filed under Section 340 Criminal
Procedure Code, 1973 (hereinafter, “ CrPC ”) against ... Criminal Miscellaneous (Co) No. 4 of 2019 under
Criminal Appeal @ SLP (Crl.) No.3425/2022 Page 9 of 27
Section 340 CrPC before
interpretation of Section 195(1)(b)(ii) of Code of
Criminal Procedure 1973 (for short ' Cr.P.C .'), this appeal has been placed ... prosecutions as contemplated by Section 476 (of the old Code which now
corresponds to Section 340 Cr.P.C.) only if there is a reasonable
