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Premjit Kaur Vs. Harsinder Singh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 204 of 1980
Judge
Reported in(1982)2SCC167
ActsIndian Penal Code (IPC), (IPC) 1860 - Sections 191, 192 ; Code Of Criminal Procedure (Cr.P.C), 1973 - Sections 195 (1)(b)(i), 193
AppellantPremjit Kaur
RespondentHarsinder Singh
DispositionAppeal Allowed
Excerpt:
- [ o. chinnappa reddy and; v.d. tulzapurkar, jj.] -- criminal procedure code, 1973 — section 195(1)(b)(i) — applies in case of offences under sections 191 and 192 ipc which are punishable under section 193, ipc -- obviously, sections 191 and 192 of the indian penal code, are the sections which define offences for which punishment is provided for in section 193 and section 193 is admittedly mentioned in section 195(1)(b)(i) of the criminal procedure code......clearly erroneous we feel that the judgment of the high court be quashed. we accordingly quash the same. we would, however, like to observe that it will be open to the respondent to raise whatever defence he wants to raise in the prosecution that may be launched against.....
Judgment:

V.D. TULZAPURKAR, J.

1. Special leave granted.

2. We have heard counsel on both sides and we are satisfied that the view of the High Court is clearly erroneous that simply because Sections 191 and 192 of the Indian Penal Code are not mentioned in Section 195(1)(b)(i) of the Criminal Procedure Code, sanction for prosecution could not be issued. Obviously, Sections 191 and 192 of the Indian Penal Code, are the sections which define offences for which punishment is provided for in Section 193 and Section 193 is admittedly mentioned in Section 195(1)(b)(i) of the Criminal Procedure Code. The view of the High Court being clearly erroneous we feel that the judgment of the High Court be quashed. We accordingly quash the same. We would, however, like to observe that it will be open to the respondent to raise whatever defence he wants to raise in the prosecution that may be launched against him.


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