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Showing posts with label S 195 of crpc. Show all posts
Showing posts with label S 195 of crpc. Show all posts
Sunday, 26 July 2026

Supreme Court: Section 195 of CRPC Bar Cannot Be Evaded by Splitting Offences

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In this regard, the Court laid down the following principles to be followed while dealing with a category of offences that fall within the p...
Sunday, 14 June 2026

Fraud at the Courthouse Door: When Can Civil Courts Use Section 151 CPC to Set the Criminal Law in Motion?

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  Why this question matters Civil judges increasingly encounter forged documents, fabricated seals, and engineered “fraud on the court” desi...
Thursday, 5 February 2026

Delhi HC: Invoking perjury jurisdiction at the interlocutory stage, with trial already underway and issues framed, would risk interfering with and prejudicing the main civil proceedings

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 In my opinion, an application under section 340 of the cr.pc ought to be normally considered at the time of final decision of the case only...
Friday, 4 October 2024

Bombay HC: The Magistrate and Sessions court must see before issuing process against accused whether investigating officer has obtained sanction as per S. 195, 196, 197, 198 of CRPC if it is required

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 We are disturbed to note that Judges from the District Judiciary  are not paying attention to the requirements under Sections 195, 196, 197...
Monday, 22 February 2021

Whether police can file a chargesheet against the accused for an offence U/S 188 of IPC?

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  Hence, on going through the provisions of   Section 195   of the Cr.P.C., as also in the light of the ratio laid down by the Supreme Court...
Saturday, 5 September 2020

Whether private complaint is barred as per S 195 of CRPC if a party has filed the forged documents in the court proceeding?

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 In view of the discussion made above, we are of the opinion that Sachida Nand Singh has been correctly decided and the view taken therein...
Friday, 24 July 2020

Whether court can convict accused of an offence U/S 353 of IPC on same facts if prosecution of accused U/S 186 of IPC is barred by S 195 of CRPC?

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In Satis Chandra Chakravarti v. Ram Dayal De MANU/WB/0191/1920 : 24 C.W.N. 982 it was held by Full Bench of the Calcutta High Court that w...

Supreme Court: Distinction between offence U/S 353 of IPC and S 186 of IPC

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It is true that most of the allegations in this case upon which the charge under s. 353, Indian Penal Code is based are the same as those ...
Saturday, 11 April 2020

Supreme Court: Procedure to be followed by the court if there is a bar for cognizance of offence as per S 195 of CRPC in respect of crime investigated by police

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The question whether Sections 195 and 340 of the Criminal Procedure Code affect the power of the police to investigate into a cognizable o...

Whether magistrate can take cognizance of offence punishable U/S 188 of IPC on the basis of FIR lodged by police officer?

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In view of the aforesaid legal provisions contemplated under section 195 of Cr.P.C., it can be said that no Court shall take cognizance of...
Saturday, 14 January 2017

Whether Prosecution For Offence U/S 182 IPC can be started Without Formal Complaint By Public Servant?

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 As rightly pointed out by the learned counsel for the parties on the strength of law laid down by this Court in the case of Daulat Ram ...
Tuesday, 11 October 2016

Essential conditions for initiation of prosecution for contempt of lawful authority of public servant

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 Their Lordships of Hon'ble Supreme Court in the case of C. Muniappan and others v. State of Tamilnadu, reported in (2010) 9 SCC ...
Saturday, 7 November 2015

Whether arbitrator appointed by Registrar of co-operative society is court?

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The nominee exercising power to make an award under s. 96 of the Maharashtra Cooperative Societies Act, 1960, derives his authority...