exercise of powers. He
argued that the procedure as required to be followed u/s 344 (2)
of Cr.P.C. was not followed while ... convict a person for offence under Section 193 of IPC.
Section 193 of Indian Penal Code reads as under :
::: Uploaded on - 11/05/2017 ::: Downloaded
Harish Chandra Sharma and
consequential proceedings of criminal case no. 22 of 2010,
under Section 344 Cr.P.C., pending in the court of Sessions ... Section 344 Cr.P.C. lays down summary
procedure for trial for giving false evidence. The same
reads as under:
"344. Summary procedure
appellant was
convicted for the offence under section 344 of
the Code of Criminal Procedure and sentenced to
undergo three months rigorous imprisonment ... Code of Criminal Procedure. Section 344 of the
Code of Criminal Procedure 1973 reads as under.
"344. Summary procedure for trial for
giving false
2016 came to be issued under
Section 344 of the Code of Criminal Procedure. It is submitted that in
compliance to notices dated ... notice issued at a premature stage. Section 344 of Code of
Criminal Procedure, 1973 gives this power to the Sessions
Court or to the Magistrate
West Bengal Municipal Corporation Act, 2006
WEST BENGAL
India
West Bengal Municipal Corporation Act, 2006
initiate the criminal
proceedings against the petitioner/witness. Looking to
the provisions of Section 340 and 195 of Cr.P.C.
procedure is contemplated ... Judge to initiate such criminal
case as against the said witness.
: 12 :
10. Even looking to the provision Section 344 of
Cr.P.C., learned
notice the provisions of Section 344 of Cr.P.C. which
reads as under:
"344. Summary procedure for trial
for giving false evidence ... proceedings by following above said
procedure, it can proceed as per the law laid down in
Section 344 of Cr.P.C.
15
Keeping
evidence before the Court, and
therefore, the show-cause-notice under Section 344 of Cr.P.C. was issued
against both the appellants. The appellants ... order of conviction under
Section 345 of Cr.P.C., whereby the appellants have been convicted
under Section 344 of
suit. Hence, the learned HCGP
submitted that in such situation Section 344 of the Cr.P.C.
is made applicable. Hence, he submitted that whatever ... Section
195 and 340 of the Cr.P.C. Apart from that so far as the
contention of learned HCGP referring to Section 344
month for the offence under Section 338 IPC
observing that both the sentences to run concurrently.
Crl. Revn. Ptn. No. 414 of 2012 Page ... 2008, the JMFC, Goalpara issued a show cause notice under Section
344 Cr.P.C. to the petitioner as to why the proceeding under Section
