Singh and as recorded under Section
161 , Criminal Procedure Code or for that matter under
Section 164 , Criminal Procedure Code cannot and would ... 195 , Criminal Procedure Code. The
contention of,Mr.Jolly that the statement of Constable
Hukam Singh recorded under Section 161 / 164 Criminal
Procedure Code should
offence described in Section 463, or punishable under
Section 471, Section 475 or Section 476, of the said Code, when such
offence is alleged ... prosecute under Section u/s. 353 / 332 / 506 / 341 / 34 IPC.
Since, in this case, the necessary compliance of Section 195
committed the offence of
criminal intimidation punishable u/s. 506 IPC.
(x) Now coming to section 186 IPC which lays down that
whoever voluntarily obstructs ... though cognizance of offence u/s. 186 IPC was taken by
the Court. The alleged permission/ application u/s. 195 cr.p.c. is
infact
Rule 3 r/w Sec. 151 CPC and u/s 340(1) r/w Sec. 195 Cr.PC
moved by the appellant herein were ... summary procedure as
prescribed u/s 25B(4) of the Act. As far as, the application u/s
340 r/w Sec. 195
judgment cited.
12. To constitute an offence u/s 186 IPC, physical obstruction is
necessary. Section 186 IPC is applicable to a case where ... section 195 of the Code are mandatory
and noncompliance would vitiate the prosecution and all other
consequential orders. Section 195 (3) CrPC
sanction u/s 39 Arms Act against the accused
Rajan. He proved the request letter and complaint u/s 195 CrPC ... Crl. LJ 246 and held that in such cases when the
Magistrate acts in contravention of bar u/s 195 CrPC, the entire
sanction to prosecute the accused under section 186 / 332 IPC as required
under section 195 Cr.P.C. is not examined despite opportunities and therefore ... prosecution qua sanction to prosecute the accused under section 186 / 332 IPC as
required under section 195 Cr.P.C. was not examined
questions were not put to
him u/s 313 Cr.PC. There is no compliance of Section 195 Cr.PC
in as much ... that offence u/s
186 IPC is not made out, if cognizance is not taken on the
complaint u/s 195 CrPC
section of the Indian Penal Code , though
in truth and substance the offence falls in the category of
sections mentioned in Section 195 , Criminal Procedure ... device of Section 353 , which is a camouflage the
prosecution could not evade the provisions of
Section 195 Criminal Procedure Code in this
case
noted that Section 174A IPC was
introduced in the Code with effect from 23 rd June, 2006.
Section 195(1) Cr.P.C. provides ... Criminal
Procedure Code are noncognizable, offence punishable
under Section 174A IPC is cognizable. Thus the Police
officer on a complaint under Section
