offence punishable under Section 193 to 196
IPC ( both inclusive), Section 199 IPC, 200 IPC , 205 to 211 IPC and 228
IPC , when such offence ... conjoint reading of Section 195A
Cr.P.C and Section 195 A IPC and Section 195 Cr.P.C, it is clear that to
launch
Cr.P.C. Section 340 of the Cr.P.C. reads as follows:
"340. Procedure in cases mentioned in
section 195.--(1) When, upon ... sections under IPC do not get attracted at
all to the complaints, which were correctly filed
under Section 195 read with Section 340 CrPC
Durge Vs. DeepakAnnasaheb Gat and another , that,
10. Section 195 of the Code of Criminal Procedure, 1973
deals with the provisions with respect to prosecution ... Section 193 occurring therein
provides for punishment for giving or fabricating false
evidence in a judicial proceeding. Section 195 of the
Criminal Procedure Code (
Criminal Procedure as also section 193 of the Indian Penal Code to submit that statutory investigation under section 157 of the Code of Criminal Procedure ... petitioners would not attract the embargo of section 195 of Code of Criminal Procedure as it does not form part of judicial proceedings. The short
purview of Section
195 CrPC. Section 340 CrPC is the procedure in cases
mentioned in Section 195 . The said Section reads ... same relates to offence
punishable under Section 500 IPC since a bar under
Section 195 CrPC would not attract for taking cognizance
under
section 195(1)(b)(i) and sub-section 195(1)(b)(ii) cater
to separate offences. Though Section 340 Cr.P.C is a generic ... committed under Section 195(1)(b), the same has different and
exclusive application to clauses (i) and (ii) of Section 195(1)(b)
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 ... petitioners. Hence, provisions of Section 269 of I.P.C are not
attracted in present case.
12. Section 195 Cr.P.C restricts the manner
apart from Section 188 I.P.C. none of sections of the
3
I.P.C . are attracted. He refers to Section 195 ... Station and order was passed under
Section 144 Cr.P.C. by the Sub-Divisional Officer. Section 195 Cr.P.C. is bar to
take
taking cognizance of an offence punishable under
section 188 of IPC, contained in section 195 of Cr.P.C. The provision of Section 195 ... conjoin reading of the provision of Section 188 of IPC and Section
195 of Cr.P.C., it is evident that if the alleged offence
taking the cognizance of the offence under Section 188 IPC in complete disregard to Section 195 Cr.P.C.
Learned counsel for the applicant ... that the cognizance pertaining to offence under Section 188 IPC is barred by virtue of Section 195 Cr.P.C. and could only be taken
