Back
R. NARAYANA PISHARADI
Sreejith Premachandran, S/O Premachandran – Appellant
Versus
Biju Ramesh, S/o Ramesan – Respondent
JUDGMENT :
The petitioner filed an application under Section 340 (1) of the Code of Criminal Procedure, 1973 (for short 'the Code') in the Court of the Judicial First Class Magistrate-II, Thiruvananthapuram for initiating prosecution against the first respondent by instituting a complaint for committing an offence punishable under Section 193 of the Indian Penal Code (IPC).
2. Ext.P1 is the copy of the application filed by the petitioner under Section 340 (1) of the Code. The crux of the allegations in this application is that the first respondent, while giving statement before the Judicial First Class Magistrate-II, Thiruvananthapuram under Section 164(5) of the Code, in the course of investigation of the case which was registered as VC-No.6/2014/SIU-1 by the Vigilance and Anti-corruption Bureau (VACB), made false statement on oath and he voluntarily produced a mobile phone and an edited compact disc before the learned Magistrate. It is alleged that the compact disc produced by the first respondent before the learned Magistrate contained record of the conversations contained in the mobile phone and that such recorded conversations had been edited.
3. As per Ext.P2 order, the court be
The main legal point established in the judgment is that a stranger to a case can file an application under Section 340(1) of the CrPC, and the term 'Court' in Section 340(1) includes a Magistrate re....
A court cannot initiate proceedings under Section 340 of the Code of Criminal Procedure against a person for making a false statement in an affidavit if the person did not obtain any relief from the ....
Section 195(1) of Cr.P.C. provides No Court shall take cognizance- (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of Indian Penal Code, 1860.
Cognizance for contempt must be taken by the court where original proceedings are pending; failure to do so violates the mandatory requirements of the Code of Criminal Procedure.
Cognizance of offences under specific sections of IPC must adhere to procedural requirements outlined in CrPC; failure to follow these renders such actions invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
