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 interests 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 having 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;
1[(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, "Court" has the same meaning as in section 195.
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1. Subs. by Act 2 of 2006, s. 6, for clause (b) (w.e.f. 16-4-2006).
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
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE