195 of the Code of Criminal Procedure (" Cr.P.C ."). Clause b(i) of
sub-section (1) of Section 195 requires that ... Section 195(1)(b) or Sections 463, 471, 475 or 476 in clause (ii) of
Section 195 (1)(b), or of criminal conspiracy to commit
inquiry under Section 195(1)(b)(ii) and
4
directed for inquiry and registering a
complaint under Section 195(1)(b)(ii) .
Respondent preferred ... Section 195(1)(b)(ii), to which there cannot be
any dispute but present was a case of offence
under Section 195(1)(b
195(1)(b) of the Code of Criminal
Procedure and an offence for which a complaint of a court
is necessary under that subsection ... Indian penal Code,, though in truth and substance
the offence falls in the category of sections mentioned
in section 195 , Criminal Procedure Code. Merely
prosecute for the offence under Section 193 of I.P.C., the procedure
under Section 195(1)(b) of ... offence
under Section 193 of IPC is concerned, mandatory provisions under Section
195(1)(b) of Cr.P.C., has not been followed. According
prosecute for the offence under Section 193 of I.P.C., the procedure
under Section 195(1)(b) of ... offence
under Section 193 of IPC is concerned, mandatory provisions under Section
195(1)(b) of Cr.P.C., has not been followed. According
Court of District Judge.
Therefore, the bar created by Section 195(1)(b)(ii) CrPC
would not come into play and there ... Constitution Bench of this Court had authoritatively
declared that Section 195(1)(b)(ii) , Cr.P.C. was attracted
only when the offences enumerated
Principal Registrar of the
High Court under Section 195(1)(b)(i) of Criminal Procedure Code
(“ Cr.P.C ”, for short) to file complaint ... expedient to initiate proceedings under Section
340 Cr.P.C. read with Section 195(1)(b)(i) of Cr.P.C. We, therefore, accept
Sections 193 , 195 and 211 IPC is concerned, Section 340 Cr.P.C.
provides the procedure for offences enumerated in Section 195(1)
(b) ... 1) Cr.P.C.
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39. Section 340(1) Cr. P.C. reads as under:-
340. Procedure in cases mentioned in Section 195 – (1) When
JUDGMENT:
. This is an application under Section 340 read with Section 195 of the Code
of Criminal Procedure.
2 Heard the learned Counsel ... above, a case for filing complaint under Section 340 read
with Section 195(1)(b) of Cr.P.C. for making false statement before this
filed by
respondent no.1 under Section 156(3) of the Code of Criminal
Procedure ( Cr.P.C .) bearing Misc. Criminal Application ... offences
other than those mentioned in Section 195 of the Cr.P.C.
mentioned in Section 195 (1)(b)(i) of the
