offence defined in the last preceding Section........" The
reference to Section 494 IPC in Section 495 IPC makes it
clear that Section 495 ... without the authorization under Section 155(2) or Section
156(3) of Criminal Penal Code, offences under Sections 494,
495 and 496 having been rendered
taking of cognizance under Section 198 of
the Code. Considering the scheme and Sections 198 and
495 of the Code, this Court held that such ... Section 302 of the
Code. In that case, it was laid down that upon
the death of the complainant, under the
provisions of Section 495
done in violation of the express direction contained in Sub-section (4) of Section 495 of the Code of Criminal Procedure.
That sub-section states ... held that a violation of the mandatory provision of Section 495 (4) is not a mere irregularity, but is an illegality. With all respect
done in violation of the express direction contained in Sub-section (4) of Section 495 of the Code of Criminal Procedure.
That sub-section states ... held that a violation of the mandatory provision of Section 495 (4) is not a mere irregularity, but is an illegality. With all respect
provision of sub-
Section (3) of Section 397 Cr. P.C. cannot
limit or affect the exercise of inherent power
under Section ... about his reluctance to take
cognizance of the offences punishable under
Sections 495 / 420 / 376 / 120-B / 511 IPC. Thus,
in effect, the learned Magistrate
Court cannot substitute a new complainant it has got power under Section 495 of Criminal Procedure Code, 1898 (old Code) to authorise conduct of prosecution ... place of the appellant or the complainant. But Section 302, which corresponds to Section 495 of the old Code, provides for permission to conduct prosecution
power of the court to substitute another prosecution agency under Section 495 Cr.P.C. (old) is always available. In the reported case, the Presidency ... inquiry by allowing the mother to carry on prosecution and under section 495 Cr.P.C (old), the mother may continue the prosecution herself
under Sections 420 & 495 of IPC at Police Station Kartarpur,
District Jalandhar City. In order to exert pressure upon the petitioner,
respondent ... petitioner, for which, an FIR No.12 dated
26.01.2014 under Sections 420 & 495 of IPC was registered with Police
Station Kartarpur, District Jalandhar City
provisions of
Section 198 (2) proviso of the Criminal Procedure
Code . Section 198 of the Criminal Procedure Code
reads as follows : -
" 198. Prosecution ... section (4) may
make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable
under [56][ Section 494 or Section 495
respondent, State of Assam.
Page No.# 2/3
This application under Section 438 , Code of Criminal Procedure, 1973 ( CrPC ) has been filed
praying ... 2020 (G.R. Case no. 1428/2020), registered under Sections 495 / 496 / 497 / 420 / 325 / 394 / 34 ,
Indian Penal Code ( IPC ).
The petitioners are named
