Section 352 Cr.P.C. after taking cognizance of offence under Section 345 Cr.P.C. read with Sections 228 and 188 IPC ... Cr.P.C ., particularly Section 352 Cr.P.C.; wrongly invoking Section 345 Cr.P.C.; convicted the revisionist 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, or attempt ... Section 174-A I.P.C., legislature was well aware that in Section 195(1)(a)(i) Cr.P.C., apart from Section 188
penal code and Section 195(1) Cr.P.C. specifically provides that no court shall take cognizance of any offence under Sections 172 to 188 ... section. As provided by section 195(1)(a)(i) Cr.P.C., a court cannot take cognizance of an offence under section 188 IPC
utilizing the power
vested under section 321 Cr.P.C. The Court declared therefore that the
power under Section 321 ... Shimla East (Annexure A-3) (p.387-388)
under Sections 143 , 188 IPC which has been recommended for
withdrawal. (Item
offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code , (45
of 1860), or
xxx xxx
except on the complaint ... concerned' as required by the
Section without which the trial under Section 188 of the Indian
Penal Code becomes void ab initio. See Daulat
offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or
(ii) of any abetment of, or attempt ... Section 174-A I.P.C., legislature was well aware that in Section 195(1)(a)(i) Cr.P.C., apart from Section 188
offence punishable under
sections 172 to 188 (both inclusive) of the Indian
Penal Code (45 of 1860), or
(ii) of any abetment of, or attempt ... accordance
with Section 195(1)(a) of Cr.P.C. Position is different if
offence under Section 188 of IPC alone is committed
offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or
(ii) of any abetment of, or attempt ... Section 174-A I.P.C., legislature was well aware that in Section 195(1)(a)(i) Cr.P.C., apart from Section 188
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 ... Sections 188, 269 and Section 80 of
the Karnataka Police Act. The police after investigation
have filed charge sheet dropping section 188 of IPC
Police Station Kapashera for offences punishable under Sections
186 / 188 / 506 of Indian Penal Code, 1860 („ IPC ‟) and subsequent
proceedings.
FACTUAL BACKGROUND ... offence punishable under sections 172 to 188
(both inclusive) of the Indian Penal Code , (45 of 1860), or
(ii) of any abetment of, or attempt
