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1977 Supreme(SC) 319

D.A.DESAI, N.L.UNTWALIA, P.K.GOSWAMI
Yash Pal Mittal – Appellant
Versus
State Of Punjab – Respondent


Advocates:
D.N.Mishra, FRANK ANTHONY, R.L.Kohli, R.N.SACH

Judgment

GOSWAMI, J. - The criminal case, out of which this appeal arises, goes back to the year 1961. On July 1 1967, the Special Judicial Magistrate Punjab, camp Jullundur, committed the appellant along with several others to stand trial in the Court of Session under various charges, such as under Ss. 455, 471/466, 476/466, 417, 419 read with S. 120-B I. P. C. Apparently it took nearly three years for the trial to commence. On objection being raised by the accused with regard to the sanction under S. 196-A (2) Cr. P. C., 1898, the trial Court on June 6, 1970, rejected the same by holding that no sanction was necessary in the case. The trial Court, however, held that the particular sanction accorded under S. 196-A (2), Cr. P. C. was invalid, the correctness of which was not challenged before us.

2. That led to a revision application by the accused before the High Court of Punjab and Haryana. That was also rejected on March 24, 1972. The appellant obtained special leave against the order of the High Court on April 5, 1973.

3. Even such a short matter, as it is, where no records are required to be prepared, has come up for hearing before us after well over four years. True, the accused
























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