other offences, i.e. Sections 147 and 353 IPC are fall out of principal offence, i.e. Section 188 IPC, thus ... prohibition contained in Section 195(1) CrPC, but further contended that in so far Section 147 / 353 IPC are concerned, same being functionally
u/s 302 of the Indian Penal
Code was registered against the accused person and one was in
respect of an offence u/s 188 ... respect of section 195
has held the entire trial in respect of offence falling u/s 188 of
the Indian Penal Code to be void
offence punishable under
sections 172 to 188 (both inclusive)of the Indian
Penal Code (45 of 1860), or
(ii)of any abetment of, attempt ... Cr.P.C will have the
authority to take action under Section 41 of Cr.P.C.,
when a cognizable offence under Section 188 IPC
offence punishable under sections
172 to 188 (both inclusive)of the Indian Penal Code ... Cr.P.C will have the authority to
take action under Section 41 of Cr.P.C., when a
cognizable offence under Section 188 IPC
offence punishable under
sections 172 to 188 (both inclusive)of the Indian
Penal Code (45 of 1860), or
(ii)of any abetment of, attempt ... Cr.P.C will have the
authority to take action under Section 41 of
Cr.P.C., when a cognizable offence under Section
188 IPC
case against the petitioner for an offence
punishable under Section 188 of the Indian Penal Code cannot be
sustained since there was no complaint given ... petitioner by invoking the
power under Section 482 of the Code.
6. Section 188 of the Indian Penal Code reads as follows:
"188. Disobedience
Indian Penal Code.
3. Under Section 195 of the Criminal Procedure Code, no Court is to
take cognizance of an offence punishable under Section ... Cr.P.C will have the authority to take action under Section 41 of Cr.P.C.,
when a cognizable offence under Section 188 IPC
note that Section 195 Cr.P.C, bars taking
cognizance of any offence punishable under Sections 172 to 188 IPC,
except ... offence punishable under
sections 172 to 188 (both inclusive)of the
Indian Penal Code (45 of 1860), or
(iiof any abetment of, attempt to commit
188 of the Indian Penal
Code is also not made out as the basic ingredients of the offence
under 188 of the Indian Penal Code ... stage. He submitted that both the Sections i.e.,
Sections 143 and 188 of the Indian Penal Code are cognizable
offences and accordingly, the argument
that the offence under Section 285 IPC would not lie.
11. Insofar as the offence under Section 188 IPC is concerned ... Cr.P.C will have the authority to take action under
Section 41 of Cr.P.C., when a cognizable offence under Section 188
IPC
