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D V K KUMAR   29 May 2017

Permission u/s 195 crpc

Dear Experts, kindly help is resolving following issues :

(1). Whether it is necessary to take permission from 'State' in filing an case u/s 340 crpc rws 195 (1)(a) against wife in family court relating to pending case u/s 125(3) crpc.

(2). Whether section 340 crpc is always read with seciton 195 (1)(b) of crpc OR it can also filed with section 195 (1) (a) crpc ?

(3). Whether perjury case rws 181 IPC needs permission from state ? or it can simply filed in competant court?

(3).Under what section, it is necessary to take permission of filing any criminal case in any court by an individual? please, mention the post to whom permission in warranted on behalf of The State & procedure to do so ?

(4). Please tell me, under which section of IPC, any person who removes any document or application from court file/ record can be punished ? (as the copying secion of court, tells that application asked never found in the file but Court on its first order sheet clearly passed an descripttive order after considering the impugned application. which simply means that after granting of order by court, the applicant removed it from file. That's why the aformenitoned quary)

Please reply as earliest

With Best Regards,

DVK



Learning

 3 Replies

ganesh rao (x)     30 May 2017

The case in family court is a personal case between the spouses.  Though the wife is employed as a Govt. servant, no permission is required u/s. 195.  Permission u/s. 195 is required only if a case is to be filed for conduct as a Govt. servant and any wrong alleged in discharge of duties as Govt. servant.

no permission is required from any one to file a criminal case.  A case can be filed against a govt. servant about issues involved in discharge of official duties [like corruption]; permission is not required till the stage of taking cognizance by the court.

 

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Venkata Mohana Rao (Law Student)     30 May 2017

What's the situation to file this..... Does it relates to Perjury

ganesh rao (x)     30 May 2017

Section 195 ipc relates to offense of giving false evidence.

Section 195 crpc relates to permission to be obtained to file criminal case against a public servant on misconduct etc. in discharge of official duties.  

 

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