sought quashing of calendra under Section 182 IPC on the ground
that the procedure prescribed under Section 195 Cr.P.C. could be taken ... under Section 182 IPC was prepared by the SHO Police
Station Salemtabri cannot be termed without jurisdiction and against the
provision of Section 195
file a criminal complaint with respect to the commission of offence under Section 182 IPC. In the instant case, no criminal proceedings were instituted ... Section 211 IPC arises. The bar created by Section 195(1)(b)(i) Cr.P.C. will, therefore not operate against the criminal complaint lodged
Section
482 of the Code of Criminal Procedure (in short "the Code"), the
petitioner has prayed for quashing of the entire criminal proceeding ... court below without following the mandates of
Section 195 of the Code of Criminal Procedure and the mandates
given by the Hon'ble Supreme
filed by the
respondents under Section 182 IPC before the Judicial
Magistrate Ist Class, Rohtak vide Crl. Case No. 5 dated ... charge-sheet. The words of
S.195 of the Criminal Procedure Code are explicit. The section
read as follows:-
"(1) No Court shall take
Penal Code.
3. It has been stated by learned counsel for the petitioner while referring
to Section 195 of the Code of Criminal Procedure ( ... u/s 182 / 211 of the I.P.C. Whether the Investigating Officer was competent
to recommend a criminal proceeding u/s 182 / 211
definition of complaint in Section 2(d) of the Criminal Procedure Code. The definition reads
Section 2 . Definitions. In this Code, unless the context otherwise ... taking seisin of the case under Section 182 IPC except in the manner provided by Section 195 CrPC.
Section 182 does not require
North whereby the application of the
appellant under Section 182 Cr.P.C. has been dismissed.
2. Brief facts of the case are that respondent ... Ratani.
3. An application had been filed by the appellant under
Section 182 Cr.P.C. read with Section 194 Cr.P.C. against
police report and, therefore, the complaint was
not barred under Section 195 Cr.P.C. According to the petitioner the
allegations made in the complaint ... conclusion that the case would fall within the ambit of Section 182
Cr.P.C.
5. I have given my thoughtful consideration to the ground
under
841
section 297 , Indian Penal Code, the learned Judges said that
there as nothing in sections 195 to 199 , Criminal Procedure
Code, which could ... English law. Under section 198 ,
844
Criminal Procedure Code, a complaint in respect of an
offence under section 499 , Indian Penal Code, can only
recommended proceedings
under Section 182 IPC. Therefore, SHO has lodged impugned calender
which is against procedure laid down by Cr.P.C . That ... lodge a complaint
under Section 182 of IPC.
b. because the SHO is not competent to initiate the 182
IPC proceedings, in in the present
