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
punishable under Section 188 IPC, 148 IPC , 302 IPC read with
149 IPC , Section 397 IPC ... offences punishable under
Section 397 IPC read with Section 149 IPC and Section 436 IPC read with
said case. The aforesaid case arose out of a complaint under Section 188 I.P.C. filed by the Executive Magistrate, Katwa. The undisputed facts ... parties prayed for prosecution of the present petitioner and others under Section 188 I.P.C. The Executive Magistrate called for a report upon enquiry
charged Under Sections 143 and 188 , Indian Penal Code. So far as Section 143 . Indian Penal Code is concerned. the Magistrate found that no common ... order promulgated Under Section 144 , Cr. P.C. ode will not be an offence Under Section 188 , Indian Penal Code unless the prosecution further proves
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 (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
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
