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Premjit Kaur Vs. Harsinder Singh

Premjit Kaur vs Harsinder Singh

Disposition Appeal Allowed Court Supreme Court of India Decided Mar 17, 1980
~1 min read
https://sooperkanoon.com/case/648151

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Criminal Appeal No. 204 of 1980
Subject
Criminal
Disposition
Appeal Allowed

Case Summary

AI-generated summary - not the official court judgment text.

- [ 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 o...

Key legal issue
Criminal
Outcome / disposition
Appeal Allowed
Acts & sections
Indian Penal Code (IPC), (IPC) 1860 - Sections 191, 192 ; Code Of Criminal Procedure (Cr.P.C), 1973 - Sections 195 (1)(b)(i), 193

Parties & Advocates

Appellant / Petitioner

Premjit Kaur

Respondent

Harsinder Singh

Legal References

Acts
Indian Penal Code (IPC), (IPC) 1860 - Sections 191, 192 ; Code Of Criminal Procedure (Cr.P.C), 1973 - Sections 195 (1)(b)(i), 193
Reported In
(1982)2SCC167

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.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.

Full 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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