Section 195 of the CrPC can be pressed into action along with Section 340 of the CrPC

Arijit Sarkar vs Monosree Sarkar & Ors

Calcutta HC

09/01/2017

C.R.R. No. 809 of 2015

About/from the judgment:

Section 195 of the Code is in Chapter XIV of the Code. This Chapter deals with condition requisite for initiation of a proceeding. It is true that Section 195 deals with offences against the public justice also. Section 340 of the Code has laid down a procedure what the court will do where administration of justice has been affected. It has prescribed a procedure for tackling such a situation after making such preliminary inquiry. This is one procedural law which has supplemented Section 195 of the Code. In view of the decision of this court while answering point no.4 this court is satisfied that in the situation as stated while discussing the fact certainly Section 195 of the Code can be pressed into action along with Section 340 of the Code.

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