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Head Note

Indian Penal Code,1860  - Section 500 , The Code of Criminal Procedure, 1973  - Section 340

FIR against accused under Section 406 Indian Penal Code and Dowry Prohibition Act - Charge-sheet put up against the accused - Contention of accused that allegation in the FIR were false defamatory and filing complaint under Section 500 Indian Penal Code against the person who lodged FIR - The Court will pass an order which the Court may deem fit at the conclusion of trial of main case.

The Code of Criminal Procedure, 1973  - Section 340 , Section 195 (1)

A report lodged with Police against accused - Accused getting bail in the said case and filing a complaint under Section 211 Indian Penal Code against the person who lodged FIR alleging that the said person filed a false complaint - Complaint not maintainable - Bar of Section 195(1)(b) Criminal Procedure Code will be attracted and cognizance of offence under Section 211 Indian Penal Code could be taken only at the instance of the Court in relation to whose proceedings the same was committed or who finally dealt with that case. (i) Bail proceedings amounted to judicial proceedings offence under Section 211 Indian Penal Code would be regarded as having been committed in relation to proceedings before Court. ILR 1963(2) All 359, Approved, 1980(4) SCC 286, relied.

Topic(s)-

Important Decision(s)- Section 211 Indian Penal Code against the person who lodged FIR alleging that the said person filed a false complaint - Complaint not maintainable.