Law: Penal Code (XLV of 1860)

Section: 193

Law: Criminal Procedure Code (V of 1898)

Section: 195

(a) Penal Code (XLV of 1860)--- ----S. 193---Criminal Procedure Code (V of 1898), S. 195---Prosecution for offences against public justice---Punishment for false evidence---Expression 'complaint in writing of such court'---Complaint to be made by the same Judicial Officer---Scope assailed the dismissal of his application which was filed before the trial court for prosecution of complainant under S.193, P.P.C.---Offence under S.193, P.P.C. was allegedly committed in relation to proceedings before the Judicial Magistrate as such only he could file a complaint in writing before the nearest court of Magistrate---Cognizance could only be taken by the same presiding officer before whom trial was conducted or concluded---Trial in the present case had concluded a long time ago and the Judicial Officer before whom the proceedings were carried out must have been transferred, promoted or retired, as such any other Judicial Officer could not take cognizance of offence under S.193, P.P.C.---Criminal miscellaneous application was dismissed. 2010 YLR 470 ref. (b) Penal Code (XLV of 1860)--- ----S. 193---Criminal Procedure Code (V of 1898), Ss. 195 & 476---Prosecution for offences against public justice---Procedure---Punishment for false evidence---Scope---Application under S.195, Cr.P.C. need not necessarily be filed by any party as it is the duty of the court to secure the ends of justice by taking action against those who have fabricated false evidence in order to get some innocent person convicted from the court of law---Private party is not standoffish for initiating proceedings under S.193, P.P.C. either but the same should be under the control of the court for which a proper procedure has been described under S.476, Cr.P.C. Patel Lalji Bhai v. State of Gujarat AIR 1971 SC 1934 rel. (c) Penal Code (XLV of 1860)--- ----S. 193---Criminal Procedure Code (V of 1898), S. 195---Punishment for false evidence---Prosecution for offences against public justice---Scope---Where the court arrives at the conclusion that a police officer has lodged a false and fabricated FIR then the Court should not be reluctant to take action against such police officer under S.193, P.P.C. and…

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