344 of the Code of Criminal Procedure [ Cr.P.C .].
CASE IN BRIEF IS AS UNDER
2. On charge of commission of offence under Section ... given
on oath. Section 191 of IPC deals with offence of such kind.
10. Here, admittedly, Section 344 of Cr.P.C. is invoked
passed by Special Judge (POCSO Act), Rampur in criminal case no. 37 of 2023 under section 344 Cr.P.C., by which he was issued ... under sections 363 , 366 , 506 , 376 IPC and sections 3 / 4 of POCSO Act and he was acquitted. A proceeding under section 344
admitted the Criminal Appeal.
O.P(Crl).No.208 of 2024
3
4. The petitioner filed Ext.P5 application under Section 344
... appeal
challenging the judgment of conviction.
5. As per sub-section (4) of Section 344 Cr.PC, where, any
action is initiated under sub-section
simple
imprisonment of one month for offence punishable under Section 195 IPC
read with Section 344 Cr.P.C. and further to undergo simple imprisonment ... month for offence punishable under Section 193 IPC read with
Section 344 Cr.P.C.
6. Considering the facts and circumstances of the case
wrong advice, application under Section 340 of Cr.P.C. was instituted whereas the applicant has remedy under Section 344 of Cr.P.C. Learned ... given liberty, on his own request, to move application under Section 344 Cr.P.C. ignoring the order dated 18.4.2024 passed by the trial court
prosecution often took
recourse to the provisions of Section 344 of the Code of Criminal
Procedure, 1898 and filed a preliminary or incomplete report before ... Section 167 of the Code of Criminal Procedure, 1898
("the 1898 Code") which was in force prior to the enactment of the CrPC
accused, Prasanth charging him with commission of offence
punishable under Section 302 IPC. During cross examination, when
questioned whether he had recorded the statement ... hostile and had also directed that he
should be proceeded under Section 344 Cr.P.C., for giving false evidence
Judge (SC/ST, Act), Guna. Section 344
(1) of the Cr.P.C. reads as under:-
344. Summary procedure for trial for giving
false evidence ... petitioner was
recorded under Section 161 of the Cr.P.C. only. Statement recorded under
Section 161 of the Cr.P.C. are not admissible
victim and subsequently married her on 28.02.2016, therefore, offence under Section 376 IPC and Section 3 / 4 of the POCSO Act is not made ... before the Court, therefore, they are liable to be prosecuted under Section 344 Cr.P.C.
10. On due consideration to the arguments advanced
does not fall within the purview of Section 438 Cr.P.C. as the applicant has long criminal antecedents. Learned counsel for the informant ... order dated 15.11.2022 and the Court was pleased to proceed under Section 344 Cr.P.C. by registering criminal miscellaneous case against the applicant
