What is the Procedure in cases mentioned in Section 195? Appeal What is the Power to order costs?. Section 340, 341 and 342 of Code of Criminal Procedure 1973

Procedure in cases mentioned in Section 195, Appeal and Power to order costs are defined under Section 340, 341 and 342 of CRPC 1973. Provision under these sections are:

Section 340 of CRPC "Procedure in cases mentioned in Section 195"

  (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interest of Justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court, or as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate, and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195.

(3) A complaint made under this section shall be signed-

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court.

(4) In this section, "Court" has the same meaning as in Section 195.

Section 341 of CRPC "Appeal"

(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (1) or sub-section (2) of Section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195, and the superior Court May thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such-former Court might have made under Section 340, and, if it makes such complaint, the provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under Section 340, shall be final and shall not be subject to revision.

Section 342 of CRPC "Power to order costs"

Any Court dealing with an application made to it for filing a complaint under Section 340 or an appeal under Section 341, shall have power to make such order as to costs as may be just

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

What is the Procedure in case of accused being lunatic? What is the Procedure in case of person of unsound mind tried before Court? Release of lunatic pending investigation or trial Section 328, 329 and 330 of Code of Criminal Procedure 1973

What is Resumption of inquiry or trial? What is Procedure on accused appearing before Magistrate or Court? When accused appears to have been of sound mind? Section 331, 332 and 333 of Code of Criminal Procedure 1973

What is Judgment of acquittal on ground of unsoundness of mind? What is the meaning of Person acquitted on such ground to be detained in safe custody? What is Power of State Government to empower officer-in-charge to discharge? Section 334, 335 and 336 of Code of Criminal Procedure 1973

What is Procedure where lunatic prisoner is reported capable of making his defence? What is the Procedure where lunatic detained is declared fit to be released? Delivery of lunatic to care of relative or friend. Section 337, 338 and 339 of Code of Criminal Procedure 1973

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

What is the Procedure in cases mentioned in Section 195? Appeal What is the Power to order costs?. Section 340, 341 and 342 of Code of Criminal Procedure 1973

What is the Procedure of Magistrate taking cognizance? What is Summary procedure for trial for giving false evidence? Section 343 and 344 of Code of Criminal Procedure 1973

What is the Procedure in certain cases of contempt? What is the Procedure where Court considers that case should not be dealt with under Section 345? Section 345 and 346 of Code of Criminal Procedure 1973

When Registrar or Sub-Registrar to be deemed a Civil Court? What is discharge of offender on submission apology? What is imprisonment or committal of person refusing to answer or produce document? Section 347, 348 and 349 of Code of Criminal Procedure 1973

What is summary procedure for punishment for non-attendance by a witness in obedience to summons? What is appeals from convictions under Sections 344, 345, 349 and 350? What is the meaning of certain Judges and Magistrates not to try certain offences when committed before themselves? Section 350, 351 and 352 of Code of Criminal Procedure 1973

What is Judgment? What should be Language and contents of judgment? Section 353 and 354 of Code of Criminal Procedure 1973

 

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