Singh and as recorded under Section 161 , Criminal Procedure
Code or for that matter under Section 164 , Criminal
Procedure Code cannot and would not constitute ... Singh and as recorded under Section 161 , Criminal Procedure
Code or for that matter under Section 164 , Criminal
Procedure Code cannot and would not constitute
Criminal
Procedure Code since 1974 when the new Criminal Procedure
Code came into force. No corresponding amendment was
brought into Section 195 ... noted that Section 174-A IPC was
introduced in the Code with effect from 23rd June,
2006. Section 195(1) Cr.P.C. provides that
under Section 186 IPC and
at the time of taking cognizance ld. MM did not take cognizance of
sanction/complaint under Section 195 ... offence under
Section 186 / 332 / 353 / 506 / 34 IPC. Had there been any such
deficiency of complaint under Section 195
Section 195 Cr. P.C. In para no. 6 of this judgment it was held that in the
absence of complaint under Section 195 ... police report under
Section 173 Cr. P.C.
3.3 The objective of the provisions of Section 195 Cr.P.C is to prevent the
abuse
IPC. However, ld. CMM (N/E) declined to take
cognizance of offence under Section 188 IPC, for want of
complaint under Section 195 ... order under
Section 144 Cr.P.C., issued by DCP, through rider.
On the direction of SHO, PW11 announced
proclamation under Section 144
Delhi Crl Rev P
No. 20/2011.
34. Ld. APP for the State argued that section 195(1)(A)(i) CrPC does ... held as
under :-
As regards section 186 IPC, it may be noted that though a
complaint under Section 195 CrPC was filed however
under Section 195(A) of
IPC ,but the Ld. M.M without considering the scope of provisions
under Section 195 (1) (b) (i) ... liable to be instituted for offence under Section 195 (A) IPC under
Section 195 (1) )(b)(i) Cr.P.C as has been sought
prosecution under Section 186 IPC so as to give credence to
further discussion. Section 195 (1) (a) of the Code of Criminal Procedure
bars court ... fatal to the prosecution of offence
punishable under Section 186 IPC." Section 195 Cr.P.C bars cognizance
of an offence punishable, inter alia
Section 340 , Cr.P.C. and sub-sections (1) and (2)
thereof are being reproduced below : -
"340. Procedure in cases mentioned in Section 195 ... meaning of
sub-section (4) of Section 195 .
7. The power under S. 340 Cr. P.C. read with S. 195 ,
Ravinder and Mahavir have stood trial for
offence u/s 188 IPC r/w Section 34 IPC.
2. The Challan/police report in the case ... also been passed by ACP Sub
Division, Kalyan Puri, Delhi. Section 195 Cr.PC clearly mandates
that no court shall take cognizance of an offence
