purpose of proving
the offence under section 186 IPC, the complaint under section 195
Cr.P.C. is to be proved by the another competent ... held guilty under section 323 and not under section 308 IPC.
10. Second aspect is pertaining to the complaint under section
195
charge for offences punishable u/s.
186 / 332 / 353 / 34 IPC was framed against the accused persons.
18. Section 186 IPC lays down that whoever ... with both. At this stage, a
reference to section 195 cr.p.c. is also essential as section 195
cr.p.c. laid down that
for the offence under section 186 IPC is to be taken
note of. According to section 195 CrPC cognizance of the offence ... adminisitratively subordinate. In the case at hand, the sanction
under section 195 CrPC as per the case of the prosecution was given
Tihar, Sh. S. P. S. Sarohi who had accorded
Sanction under Section 195 Cr.PC to prosecute the accused
Amandeep in this case ... Page 28 of 36
Sanction under Section 195 Cr. PC:
In so far as the complaint under Section 195 Cr.PC is
concerned, the same
file any complaint for offences punishable
u/s 193/199 IPC due to bar of section 195 Cr.P.C.
8. Ld. counsel ... Magistrate for commission of offence
u/s 211 Indian penal Code, then the bar of section 195 Cr.P.C is not
attracted. Ld. counsel
counsel for complainant, Ld. defence counsel and written
submissions.
13. Section 195 Cr.PC reads as under :
Prosecution for contempt of lawful authority of public ... under some other sections of IPC, though in
truth and substance, the offence falls in a category mentioned in Section 195
Cr.PC. Thus, cognizance
purpose of proving
the offence under section 186 IPC, the complaint under section 195
Cr.P.C. is to be proved by the another competent ... avoid provison of section 195 and trial of offence under section
186 / 353 without special complaint as required under section 195
offence under section 186 IPC for
the reason that the sanctioning authority who had given the complaint under
section 195 CrPC ... examination of the sanctioning authority who had given the complaint
under section 195 CrPC was not at all fatal to the case
Indian Penal Code in
the year 2006. However, no corresponding amendment was
carried out in Code of Criminal Procedure .
8. Section 195 Cr.PC provides ... High Court
and Code of Criminal Procedure . Therefore no permission
u/s 195 Cr.PC is required and the State is at liberty to file
Singh deposed that on 12.03.96 he had
given the complaint U/sec. 195 Cr.PC in the present case, same ... admitted that there is
no date mentioned on the complaint U/sec. 195 Cr.PC.
10. PW6 SI Lakhi Ram is the investigating officer
