Code of Criminal Procedure, 1973
(hereinafter referred to as CrPC ) lays down as under:
340. Procedure in cases mentioned in
section 195 .
(1 ... inquiry into any offence
referred to in clause (b) of sub-section (1) of section
195 CrPC, which appears to have been committed
explained the difference between Section
195(1)(c) of the Code of Criminal Procedure, 1898
and Section 195(1)(b)(ii) of the CrPC ... under
Section 195(1)(b) of the Cr.P.C. i.e. subsection
195(1)(b)(i) and subsection 195(1)(b)(ii) cater
IPC by them in course of the proceeding of a civil
suit, on the ground that Section 195(1)(b)(ii) CrPC
prohibited ... take cognizance thereof in view of the embargo
of Section 195(1)(b) CrPC, but nothing therein deters the
court from filing
whether the
bar occur in clause (b)(ii) of sub-section (1) of Section 195 of Cr.P.C.
is applicable ... subordinate."
9. A perusal of clause (b)(ii) of sub-section (1) of Section 195 of
Cr.P.C. goes to show that there
commission of offence under Sections 211 and 500 IPC. It is
held that bar under Section 195(1)(b)(i) Cr.P.C. is clearly ... apply in the present case.
Otherwise also, as per Section 195(1)(b) Cr.P.C., no Court
shall take cognizance of any offence punishable
IPC by them in course of the proceeding of a civil
suit, on the ground that Section 195(1)(b)(ii) CrPC
prohibited ... take cognizance thereof in view of the embargo
of Section 195(1)(b) CrPC, but nothing therein deters the
court from filing
IPC by them in course of the
proceeding of a civil suit, on the ground that
Section 195(1)(b)(ii) CrPC prohibited ... take cognizance
thereof in view of the embargo of Section
195(1)(b) CrPC, but nothing therein deters the
court from filing
IPC by them in course of the proceeding of a civil
suit, on the ground that Section 195(1)(b)(ii) CrPC
prohibited ... take cognizance thereof in view of the embargo
of Section 195(1)(b) CrPC, but nothing therein deters the
court from filing
IPC by them in course of the
proceeding of a civil suit, on the ground that
Section 195(1)(b)(ii) CrPC prohibited ... take cognizance
thereof in view of the embargo of Section
195(1)(b) CrPC, but nothing therein deters the
court from filing
investigate under the Criminal Procedure Code . Once the investigation is completed then the embargo and/or bar under section 195 Cr.P.C. come into ... occurring in Section 195 (1)(c) of the old Code have been omitted in Section 195(1)(b)(ii) CrPC. Why these words
