this Court, under
Section 209 IPC...."
8. Cognizance of Offence under Section 209 , Indian Penal Code
The offence under Section 209 is non-cognisable ... first class. Under
Section 195 of the Code of Criminal Procedure read with Section 340
of the Code of Criminal Procedure, the Court
Code of Civil Procedure (`Code' for short) and the correctness of
invoking of Section 340 of the Code of Criminal Procedure (` ... appellant could be proceeded under Section 195 of
Indian Penal Code read with Section 340 of Code of Criminal Procedure, are
without any basis
court under the Code, though the enquiry under Section 340 is required to be followed only in relation to those offences enumerated under Section ... where an offence under Section 199 or Section 200 IPC is made out during consideration of the application under Section 340. In this view
made while passing the order under
Section 340 of the Code. That the scope of the scrutiny
under Section 340 ... appellant under
Sections 120B , 193 , 218 , 468 , 471 , 420 IPC r/w Section
511 of IPC whereupon a complaint was made under
Section 340
Cr.P.C. which is culled out
herein below :-
" Section 340 in The Code Of Criminal
Procedure, 1973 in cases mentioned in section ... fabrication based on statements
recorded under section 161 Cr.P.C. cannot be tried under
section 340 Cr.P.C. in as much
appellant / defendant under Section 340 of the
Code of Criminal Procedure, 1973 ( Cr.PC ) being Crl.M.A. No.14712/2013
shall be taken ... offence under Section
193 IPC), the reasons given in the judgment in the habeas corpus petition or
in the order under Section 340(1)
defined under Code of Civil
Procedure nor in Code of Criminal Procedure . However, section 340
of Code of Criminal Procedure refers ... section 340 of Code of
Criminal Procedure. Thus, section 195 of Code of Criminal
Procedure does not restrict to only the criminal courts
fabrication
based on statements recorded under Section 161 Cr.P.C. cannot be
tried under Section 340 Cr.P.C., inasmuch as, the statements under ... witnesses recorded
under Section 161 Cr.P.C. can be treated as a
ground for launching proceedings under Section
340 Cr.P.C. against
prima facie case under section 195 of the Indian Penal Code, so as to initiate a proceeding under section 340 of ... under section 340 of Code of Criminal Procedure separately. The application under section 482 of the Code of Criminal Procedure is thus disposed
prescribes the procedure as to how a complaint may be preferred under Section 195 Cr.P.C. While under Section 195 ... eyes of law and contrary to the principles and procedure specified under Section 340 of Cr.P.C, besides suffers from a complete
